Patna High CourtCR. MISC./51488/2019bail granted

Arbind Sahni v. The State Of Bihar

2019-10-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51488 of 2019 Arising Out of PS. Case No.-60 Year-2017 Thana- BYPASS District- Patna ====================================================== ARBIND SAHNI, S/o- Surendra Kewat @ Satendra Kewat R/o- Bahri Dhawalpura, P.S.- Bypass, Distt- Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bypass P.S. Case no. 60 of 2017 (Spl. Case No.592 of 2017), registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The accusation is that in course of patrolling duty, one tempo bearing registration No. BR1AA-0687 was seen in fast speed. On seeing the Police party, the driver accelerated the speed of the tempo, but, on chase, driver of the tempo was apprehended while other succeeded to flee away. The apprehended person disclosed his name Anjay Kumar @ Ajay Kumar and he also disclosed the name of petitioner as his associate, who succeeded to flee away. On search of tempo, 62

Patna High Court CR. MISC. No.51488 of 2019(3) dt.16-10-2019 2/2 pouches, each containing 200 ML country made liquor recovered.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name has been disclosed by co-accused Anjay Kumar @ Ajay Kumar, who was driver of the seized tempo. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Spl. Judge, Excise, Patna in connection with Bypass P.S. Case no. 60 of 2017 (Spl. Case No.592 of 2017), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T