Patna High Court - Orders
Shrawan Kumar Soni vs The State Of Bihar on 11 June, 2020
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5214 of 2020
Arising Out of PS. Case No.-92 Year-2019 Thana- MATIHANI District- Begusarai
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SHRAWAN KUMAR SONI Son of Vishwa Prasad Soni Resident of Village-
Baragon, Tehsil Udaipurwati, Hansalsar, P.S.- Gudhagorji, District- Jhunjhun
(Rajasthan).
... ... Petitioner.
Versus
THE STATE OF BIHAR
... ... Opposite Party.
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Appearance :
For the Petitioner : Mr. Sandip Kumar Gautam, Advocate.
For the State : Mr. Ajay Kumar No. 2, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 11-06-2020Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing.
The petitioner apprehends his arrest in connection with Matihani P.S. Case No.92 of 2019 registered under Sections 420, 414, 465 and 120(B) of the Indian Penal Code besides Sections 30(A), 32(ii), 38(i) and 41(i) of the Bihar Excise Prohibition Act, 2016.
The accusation is of recovery of 50 cartoons, each containing 24 bottles of 375 ml., 50 cartoons, each containing 48 bottles of 180 ml., 44 cartoons, each containing 48 bottles of 180 ml., 95 cartoons, each containing 24 bottles of 375 ml., 96 cartoons, each containing 12 bottles of 750 ml., and 48 cartoons, each containing 12 bottles of 750 ml., Indian Made Foreign Patna High Court CR. MISC. No.5214 of 2020(3) dt.11-06-2020 2/3 Liquor from the container bearing Registration No.RG- 18GB/1918, belonging to the petitioner.
Learned counsel for the petitioner submits that, admittedly, the petitioner is the owner of the container bearing Registration No.RG-18GB/1918 from which the alleged recovery of the Indian Made Foreign Liquor is said to be made. The said container was purchased by the petitioner on taking the loan from Hinduja Finance Limited but, later on, the petitioner sold the container to one Rakesh Kumar, son of Tarachand, resident of Ward No.02 Barau Tahsil Khetri, District-Jhunjhun (Rajasthan) on Rs.10,85,000/-, on 12.12.2018, out of which payment of Rs.2,25,000/- was made to the petitioner by Rakesh Kumar, with the condition that Rakesh Kumar will pay the rest amount to the petitioner and, thereafter, the container would be registered in his name and, at that time, the paper regarding the transfer and the ownership of the container had also been handed over to Rakesh Kumar by the petitioner, which would appear from Annexure-2 to this application. As such, the petitioner was not in the possession of the seized container on the date of the occurrence. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of Patna High Court CR. MISC. No.5214 of 2020(3) dt.11-06-2020 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum- Special Judge, Excise Act, Begusarai, in connection with Matihani P.S. Case No.92 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. Out of the two sureties, one must be the local resident of the petitioner.
(Rajendra Kumar Mishra, J) P.S./-
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