Jitendra Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44598 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- BANIAPUR District- Saran ====================================================== 1.

Jitendra Shah Son of Loha Shah Resident of Village - Puchhari, P.S.- Baniapur, Distt - Saran at Chapra.

2.

Raku Shah @ Raktu Shah Son of Narad Sah Resident of Village - Puchhari, P.S.- Baniapur, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2019 Heard both sides.

Petitioners apprehend their arrest in Baniapur P.S. Case No.158 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted an auto from which 100 litres of country made liquor is said to have been recovered. Learned counsel for the petitioners submits that the petitioners are not the owners of the vehicle. The Chowkidar is said to have disclosed that the petitioners were in the auto. The driver of the auto could not be identified. It was the driver, who is responsible for transpiration of liquor in auto. Having considered the facts aforesaid, the above

Patna High Court CR. MISC. No.44598 of 2019(2) dt.19-07-2019 2/2 named petitioners, in the event of their 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, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Saran at Chapra in connection with Baniapur P.S. Case No.158 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T