Vineet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43550 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Vineet Kumar Son of Deepak Ranjan Resident of Village - Shankarwar Tola, Ward No.15, P.S.- Mokama and Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2019 Heard both sides.

The petitioner apprehends his arrest in Mokama P.S. Case No.44 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant disclosed that he got information on telephone that the liquor of Kundan Kumar, Sonu Kumar, Vineet Kumar (petitioner), Karu Kumar and Sudhir Kumar was being brought on a pick-up van. The informant and other police officials went in search of pick-up van and found that the said pick-up van was parked near a temple. Even the driver of the pick-up van was not present. On search, huge quantity of liquor was recovered from pick-up van.

Learned counsel for the petitioner submits that save and except the information received by the informant that the

Patna High Court CR. MISC. No.43550 of 2019(2) dt.16-07-2019 2/2 liquor of petitioner and others was being carried, there is no material to show that the petitioner is the owner of pick-up van or the liquor. The petitioner has no manner of concern with the recovered liquor and the vehicle on which the same was being carried. The petitioner has got no criminal antecedent. Having considered the facts aforesaid and the fact that there is nothing on record to show that the petitioner is the owner of pick-up van and liquor, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Mokama P.S. Case No.44 of 2019 (Special Case, Excise, No.2500 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.