Patna High CourtCR. MISC./37871/2018allowed

Ganesh Sah v. The State Of Bihar

2018-07-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37871 of 2018 Arising Out of PS. Case No. -303 Year- 2018 Thana -KATIHAR District- KATIHAR ====================================================== Ganesh Sah, S/o Shankar Sah, R/o Mohalla- Tingachhiya, P.S.- Katihar (Town), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Katihar (Town) P.S. Case No. 303 of 2018 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle. He further submits that the petitioner was asked by the owner of the vehicle to deliver the K. oil from Pranpur to Katihar. He submits that the petitioner was not aware of the fact that inside the vehicle liquor was also loaded by the owner of the vehicle. The petitioner is languishing in jail since 20.05.2018.

Considering the fact that earlier the petitioner has not been made accused in a case under the Bihar Prohibition and

Patna High Court Cr.Misc. No.37871 of 2018 (2) dt.02-07-2018 2/2 Excise Act and also the fact that he is the driver of the vehicle and he is in custody since 20.05.2018, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Kaihar in connection with Katihar (Town) P.S. Case No. 303 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T