Patna High CourtCR. MISC./48337/2016bail granted

Chhotelal Yadav v. The State Of Bihar

2016-12-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48337 of 2016 Arising Out of PS.Case No. -172 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Chhotelal Yadav Son of Ram Khelawan Yadav Resident of VillageSohma, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioner apprehends his arrest in Bakhari P.S. Case No. 172/2016, registered for the offences punishable under Section 290 of the Indian Penal Code and Sections 47(A), 57(A) of Bihar Excise Amendment Act, 2016.

The police intercepted a pick-up van bearing Registration No. BR 01GC 7887 and huge quantity of Indian made foreign liquor i.e. 231.825 litres of different brands was recovered. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR. The petitioner is, of course, the owner of the vehicle but the driver of the vehicle was plying the vehicle on road on hire. The petitioner has no manner of concern with the consignment loaded on the

Patna High Court Cr.Misc. No.48337 of 2016 (2) dt.20-12-2016 2/2 vehicle.

Considering the facts aforesaid and the fact that the petitioner is only the owner of the vehicle from which 231.825 litres of Indian made foreign liquor was recovered, the petitioner above named in the event of his arrest or surrender before the 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 the learned Sub Divisional Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 172/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T