Dipak Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64014 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Dipak Kumar Jha Son Of Upendra Jha Resident Of Village - Habibhuar, Police Station - Bahera, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Nilendu Kumar Choudhary, learned counsel appearing on behalf of the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Baheri P.S. Case No.143 of 2023 dated 08.05.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Prosecution story, in brief, is that recovery of 118.320 liters of foreign liquor had been made from a Honda City car bearing Registration No. DL-4CAH-6678.

4. Learned counsel appearing on behalf of the petitioner submitted that the said car belonged to the petitioner but he had sold the car to one Mukesh Thakur on 25.08.2020, in accordance with law under Motor Vehicles Act and the said car

Patna High Court CR. MISC. No.64014 of 2023(2) dt.16-10-2023 2/2 is presently not registered under his name.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, the District Transport Officer is directed to call for record within a week with respect to owner of the vehicle bearing Registration No. DL-4CAH-6678 before the District Court. In the meantime, no coercive action shall be taken against the petitioner. The District Court, after verification from the report if satisfied that the said vehicle had been transferred in the name of some other person, in accordance with law related to possession under Motor Vehicle Act. Then the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1(Excise Act), Darbhanga in connection with Baheri P.S. Case No.143 of 2023 dated 08.05.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T