Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57858 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- GORAUL District- Vaishali ====================================================== DEEPAK KUMAR Son of Tej Narayan Ray Resident of Village Kuleshra Dih, P.S. Sakara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== 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 Goraul P.S. Case No.136 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of checking of the vehicles by the informant and other police personnel, two persons were seen standing near the motorcycle bearing Registration No.BR06AB-8774. On seeing the police party, they succeeded to flee away, leaving the said motorcycle. On search of the said motorcycle, one bottle, containing 750 ml. Indian Made Foreign Liquor, was recovered.

Learned counsel for the petitioner submits that, in

Patna High Court CR. MISC. No.57858 of 2019(2) dt.16-09-2019 2/2 fact, the petitioner is the owner of the seized motorcycle but the seized motorcycle was taken by one Rajan Kumar from the petitioner to see his ailing sister at Hajipur. The petitioner had no knowledge about carrying the liquor by Rajan Kumar in his motorcycle. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge (Excise Act), Vaishali at Hajipur, in connection with Goraul P.S. Case No.136 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C (Rajendra Kumar Mishra, J) P.S./- U T