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Patna High CourtCR. MISC./68409/2021allowed

Raj Kumar Vishwakarma v. The State Of Bihar

2022-04-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68409 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== RAJ KUMAR VISHWAKARMA Son of Sumangal Vishwakarma Resident of Village - Bhagatdih, P.S. - Jharia, District - Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-04-2022 Heard both sides.

The petitioner apprehends his arrest in Hasanpur P.S. Case No.157 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he is the owner of the vehicle in question. It is further submitted that the petitioner was completely unaware with the liquor kept on his vehicle or vehicle was in possession of the driver. There is no statement of driver regarding involvement of the petitioner in the alleged offence. The petitioner has got no criminal antecedent.

Having considered the above facts and circumstances of the case, the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.68409 of 2021(2) dt.29-04-2022 2/2 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 personal bond to the satisfaction of learned 2nd Additional District & Sessions Judge -cum-Special Judge, Excise Act, Samastipur in connection with Hasanpur P.S. Case No.157 of 2021 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T