Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47187 of 2019 Arising Out of PS. Case No.-77 Year-2017 Thana- MEHANDIA District- Jehanabad ====================================================== ANIL KUMAR Son of Rampal Resident of Village - Chamarkhera, P.S.- Uklana, Distt - Hisar, Haryana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mehandiya P.S. Case No.77 of 2017 registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving the secret information about carrying the liquor loaded on the truck bearing Registration No.HR-39B/7235, the informant along with other police personnel started to check the vehicle near Mehandia Nayi Bazar in front of Sheo Mandir at NH-98. In that course, the aforesaid truck was seen coming towards Kaler. When the signal was given to stop the vehicle, two persons started to flee away getting down from the truck. On chase, they were apprehended, who disclosed their name as Mahendra Singh and Ramesh Kumar, the driver and co-driver of the

Patna High Court CR. MISC. No.47187 of 2019(2) dt.31-07-2019 2/2 truck. On search of the truck, 129 cartoons, containing 1548 bottles of 750 ml. Indian Made Foreign Liquor, concealed in the furniture loaded on the seized truck, were recovered. From the dickey of the seized truck, the owner book, which was in the name of the petitioner, was recovered.

Learned counsel for the petitioner submits that, in fact, the petitioner is the owner of the seized truck, which was attached for transportation of the goods and the petitioner had no knowledge about keeping the liquor concealing in furniture on the truck by the driver and co-driver of the truck. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Jehanabad, in connection with Mehandiya P.S. Case No.77 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T