IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19477 of 2011
Bindeshwar Singh
Versus
The State Of Bihar
with
Cr.Misc. No.20450 of 2011
Anand Kumar
Versus
The State Of Bihar
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2 01.07.2011 Heard learned counsels for the petitioner and
the State.
The petitioner is apprehending his arrest in a
case registered under Section 47a of the Excise Act.
Huge quantity of country made liquor and
foreign liquor were recovered. The recovery is made
from two vehicles. The drivers of the vehicles were
apprehended on the statement of the said drivers, the
name of Satish Kumar Choudhary sprang up to the
effect that it was Satish Kumar Choudhary who
directed to unload the liquors. Satish Kumar
Choudhary denied any contention with the place of
unloading.
It is alleged against these petitioner that they
are the owners of the vehicles from which seizure has
been made and they were not present on the place of
seizure.
It is submitted by the learned counsel for the
petitioners that for carrying the liquor, the drivers were
responsible as there is nothing on record to show that
petitioner, Bindeshwar Singh was aware about the
foreign liquor which was being transported on his
vehicle. So far other petitioner Anand Kumar is
concerned, it is contended by him that he has already
sold the vehicle to other persons but the owner book
was not transferred. Hence the vehicle was not in
control of the petitioner Anand Kumar.
Considering the aforesaid facts, let the above
named petitioner, be released on anticipatory bail, in
the event of his arrest or surrender before the learned
Court below within a period of 12 weeks from today,
on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1 st
Class, Samastipur in connection with Excise Case No.
30/2010, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J.)
Amrendra/-