Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69834 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Manoj Yadav, Son of Kedar Yadav Resident of Village - Janakidih Beldariya, Manapur, P.S.- Chanan, Distt - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32, 41, 56(a) and 56(b) of Bihar Prohibition and Excise Act, 2016. It is alleged that from a truck 270 litres of Indian Made Foreign Liquors were recovered when driver of the truck escaped from the scene. The petitioner is the owner of the truck when the driver disclosed the name of the petitioner as driver of the truck.

It is submitted by learned counsel for the petitioner that the petitioner is the owner of the seized truck and he also had no knowledge about transportation of the liquor on the truck in question. A statement has been made in paragraph 3 of the

Patna High Court CR. MISC. No.69834 of 2019(2) dt.20-11-2019 2/2 petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is the owner of the truck.

Considering the fact that the petitioner was not present at the place of seizure and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd -cum- Special Judge (Excise), Lakhisarai in connection with Excise Case No. 85C2/2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T