Ajit Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78246 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- GUTHANI District- Siwan ====================================================== AJIT KUMAR JAISWAL S/o Suresh Prasad Jaiswal Resident of VillageRupganj, P.O.- Sahibganj, P.S.- Town Chhapra, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Guthni P. S. Case No. 228 of 2018 dated 29.09.2018 instituted for the offences under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

61 litres of liquor is said to have been

Patna High Court CR. MISC. No.78246 of 2019(2) dt.09-12-2019 2/3 recovered from a Scorpio vehicle, which is said to be belong to the petitioner.

It has been submitted on behalf of the petitioner that he gets his vehicle plied on the road on commercial basis and if at all liquor was being transported, it must have been the handiwork of the driver of the vehicle.

It has further been submitted that the driver of the vehicle was given clear instructions not to indulge in any illegal activities.

The petitioner does not have any case to his credit. Considering the afore-stated facts, this petition is allowed.

The petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.78246 of 2019(2) dt.09-12-2019 3/3 amount each to the satisfaction of the learned Additional District Judge, IInd cum Special Judge, Excise, Siwan in connection with Guthni P. S. Case No. 228 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U