IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45325 of 2010
BASUDEO RAI
Versus
THE STATE OF BIHAR
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02. 26.03.2011 Heard learned counsel for the petitioner.
Petitioner seeks anticipatory bail in a case instituted under
section 47A of the Excise Act. As per the prosecution case, on getting
secret information, the police found a truck parked in abandoned
condition close to a Petrol Pump. On search, 55 litres of liquor and
15 empty drums were found laden on the truck. On query from the
nearby people, it was informed that the driver and Khalasi had left the
said truck in abandoned condition. A search was made wherefrom
documents relating to ownership of the truck were found from which it
was found that petitioner is the owner of the truck in question.
Learned counsel for the petitioner submits that petitioner
being the owner of the truck, had no information and/or knowledge
about carrying/loading contraband items by the driver and Khalasi.
In the facts and circumstances of the case, petitioner abovenamed,
in the event of arrest/surrender within four weeks from today, shall be
released on bail on furnishing bail bond of Rs.15,000/- with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Samastipur in connection with Excise Case No. 29 of 2010
subject to the condition as laid down under section 438(2) Cr.P.C.
( Kishore K. Mandal )
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