Kundan Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3263 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Kundan Rajbhar s/o Sharma Rajbhar Resident of Village-Pukhraira (Pukhrera) Bilaspur, P.S.-Mairwa, District-Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mairwa P.S. Case No. 250/2018, instituted for offence under Section(s) 272, 273, 308/34 of the Indian Penal Code read with Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that petitioner was not apprehended on the spot. There is no recovery of any incriminating article from conscious possession of this petitioner.

It is alleged in the written report that on getting information informant/A.S.I., Mairwa P.S. reached at Maidaniya Canal Bridge and started vehicle checking. The informant saw four persons were coming on two motorcycles who managed to

Patna High Court Cr.Misc. No.3263 of 2019(2) dt.24-01-2019 2/2 run away after leaving motorcycles, seeing the police. On search police recovered total 50.940 litres of foreign liquor from those motorcycles.

Petitioner is in custody since 16.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 250/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T