Patna High CourtCR. MISC./61913/2019bail granted

Rama Kant Singh v. The State Of Bihar

2019-09-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61913 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Rama Kant Singh, Son of Late Gaya Singh, Resident of Village- Nurichak, P.S.- Kashichak, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This is an application for grant of anticipatory bail in connection with Sheikhpura Sarai P. S. Case No. 24 of 2019, (Excise Case No. 126 of 2019), disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Ac, 2016. Recovery of 750 ml of foreign liquor from beneath of seat of the Scorpio vehicle and driver was arrested there. Petitioner happens to be the owner of the vehicle. Submission of the learned counsel for the petitioner is that though he is owner of the vehicle, but the vehicle was driven by the driver. Further submission is that the bottle was open, it appears that driver was keeping the liquor for his own use. Further submission is that F.I.R. does not show presence of any other person, except the driver.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.61913 of 2019(2) dt.27-09-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge, Sheikhpura, in connection with Sheikhpura Sarai P. S. Case No. 24 of 2019, (Excise Case No. 126 of 2019), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T