Prakash Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80145 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- RAMPUR District- Gaya ====================================================== Prakash Kumar Gupta son Padarath sao, resident of village-Nawada Dehari, P.S.-Itkhori, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2019 Heard both sides.

The petitioner apprehends his arrest in Rampur P.S. case No. 189 of 2018 registered under Section 414 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

The informant on secret information intercepted a red colour Indica care bearing registration No. JH 10Z-5315 and recovered 440 liters of country made liquor. The driver of the car, Vinod Kumar Kushwaha, was apprehended. The petitioner is the owner of the car.

The learned counsel for the petitioner submits that petitioner handed over the car to driver to ply the car on hire but the driver misused the same by carrying liquor. It is further submitted that Vinod Kumar Kushwaha has already been

Patna High Court Cr.Misc. No.80145 of 2018(2) dt.16-01-2019 2/2 granted bail vide order passed in Cr. Misc. No. 47537 of 2018. Considering the facts that petitioner is owner of the vehicle and he was not found near the vehicle, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Rampur P.S. Case No. 189 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T