Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57953 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== PAWAN KUMAR SINGH, Son of Arvind Kumar Singh Resident of Village - Sonpura Gurdi, P.S.- Nabinagar, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nabinagar P.S. Case no. 254 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that on receiving secret information about carrying of illicit liquor loading on the Maruti Zen, the informant along with other Police personnel proceeded for checking of the vehicle. In course of checking, one Maruti Zen and two motorcycles were seen coming from Gurdi side. On chase, one boy was apprehended, who disclosed his name Raushan Kumar and the said Maruti Zen belongs to Vicky Kumar on which Lavkush Kumar and Rahul Kumar were carrying illegal liquor. On search of Maruti Zen vehicle, 1800 pouches, each containing 200 ML country made liquor recovered. At that place, two motorcycles bearing registration

Patna High Court CR. MISC. No.57953 of 2019(2) dt.16-09-2019 2/2 Nos. BR-26M-5351 and BR26N-1495 were also seized near the vehicle.

Learned counsel for the petitioner submits that petitioner is the owner of motorcycle bearing registration No. BR-26M-5351 and at the time of alleged occurrence, the said motorcycle was driven by Amit, son of the petitioner, and on seeing the Police engaged in checking of vehicle, he fled away leaving the motorcycle. Moreover, no incriminating material has been recovered from the motorcycle. 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 Addl. District and Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Nabinagar P.S. Case No. 254 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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