Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.524 of 2020 Arising Out of PS. Case No.-307 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== RAJENDRA YADAV S/o Late Brichha Chaudhari R/o Village- Harihans, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Mairwa P.S. Case No.307 of 2018 registered under Sections 272, 273 and 34 of the Indian Penal Code and under Sections 30(a), 38(i) and 41(i) of Bihar Prohibition and Excise Act.

The police intercepted two persons namely, Sandeep Kumar Yadav and Dharmendra Kumar Yadav while they were carrying liquor on a motorcycle bearing registration No.BR29L-7773. 21 litres liquor was also recovered from their possession.

The learned counsel for the petitioner submits that petitioner is owner of the motorcycle. Sandeep Kumar Yadav, the son of the petitioner was carrying liquor on the motorcycle of the petitioner. Petitioner had no knowledge that his son was

Patna High Court CR. MISC. No.524 of 2020(4) dt.09-06-2020 2/2 carrying liquor on the motorcycle.

Taking into consideration the fact that petitioner is of course the owner of the motorcycle but his son was apprehended while carrying liquor on the motorcycle for that the petitioner cannot be presumed that petitioner had given consent to his son for carrying the liquor, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-cum-Special Judge, DistrictSiwan in connection with Mairwa P.S. Case No.307 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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