IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10721 of 2010 HARDAYAL SINGH Versus UNION OF INDIA THRU.CUSTOM -----------
06. 30.11.2010 Heard the learned counsel for the petitioner and the State.
A truck loaded with betel nuts recovered liability is
extended to petitioner as being its owner and transporter. Admittedly
truck was existing in name of his (petitioner’s) wife, but it is submitted
by the learned counsel for petitioner that some was sold to one co-
accused Vijay Singh, who came forward for release of the truck and that
is allowed also, if that can be extended to proprietor of the Manhas
Carrier, Indore, evidence is lacking to connect him, if the truck did not
remain in ownership and possession of his wife.
Having regard to the facts and circumstances of the case, in
the event of arrest or surrender within a period of one month from the
date of receipt/production of a copy of this order, the above named
petitioner shall be released on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount each to
the satisfaction of the learned Presiding Officer Economic Offences
Court, Muzaffarpur in connection with Custom Case No.126/2007-
08, Tr. No.284/2009, subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
However, at the stage of hearing the case on charge matter,
trial court shall justify through collected material bail to this petitioner.
Vikash ( Mandhata Singh, J.)