Patna High Court - Orders
Rabindra Singh vs The State Of Bihar on 13 December, 2019
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80007 of 2019
Arising Out of PS. Case No.-147 Year-2019 Thana- MANJHI District- Saran
======================================================
RABINDRA SINGH Son of Ishwari Singh, Resident of Village- Balesara,
P.O.- Daudpur, P.S.- Daudpur, District- Saran (Chhapra), Bihar- 841205.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 13-12-2019Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 147 of 2019 for the offence punishable under Sections 30, 30(g)/30(i)(ii) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 69.120 liters of illicit English wine from a Kwid car, which was intercepted by the police, however, the accused persons had managed to flee away.
The learned counsel for the petitioner has submitted that the petitioner is innocent and though the car belongs to the petitioner, but the same was being used by his driver, hence no offence under the Bihar Prohibition and Excise Act, 2016 is Patna High Court CR. MISC. No.80007 of 2019(3) dt.13-12-2019 2/2 made out in the present case. It is further submitted that if at all any one is having complicity in the matter, it might be the driver of the car and not the petitioner. It is further submitted that the petitioner is having a clean antecedent.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Chapra (Saran) in connection with Manjhi P.S. Case No. 147 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Tiwary/-
U T