Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5097 of 2019 Arising Out of PS. Case No.-354 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Raja Kumar S/o Sanjay Prasad Mohalla-Chamdhoriya Dhal,P.S-Chowk ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Agamkuan P. S. Case No. 354/18 instituted for the offence under Section(s) 413, 414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016 .
In the written report, it is alleged that during course of patrolling duty the informant saw two persons came on motorcycle. After seeing the police party, the accused persons tried to run away. But, they were apprehended by the police and disclosed their name Manikant Kumar and Sumit Kumar. The apprehended persons were searched and foreign liquors, as mentioned in the written report, have been recovered from their possession. The arrested persons disclosed that the alleged
Patna High Court Cr.Misc. No.5097 of 2019(2) dt.31-01-2019 2/3 motorcycle has been purchased from this petitioner. The informant and other police force reached Daud Bigha Mandir and saw two persons were standing on the road, on seeing the police force, they started running away but the police force managed to arrest both of them. On query, the apprehended persons disclosed their name Raja Kumar (petitioner) and Karan Kumar Manjhi. On search, from the person of petitioner one Bajaj Pulsar motorcycle and two bottles of Royal Stag premier whiskey has been recovered.
Learned counsel for petitioner submits that motorcycle which is alleged to have been recovered from possession of this petitioner belongs to this petitioner and that was not stolen motorcycle. The other co- accused of this case have already been granted regular bail by co-ordinate Bench of this Court by order dated 20.9.2018 passed in Cr. Misc. nos. 47271 of 2018, 48941 of 2018 and 53819 of 2018. The petitioner is in custody since 23.5.2018. Considering the aforesaid, 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 Spl. Judge Excise Patna, Dist. Patna in connection with Agamkuan P. S. Case No. 354/18
Patna High Court Cr.Misc. No.5097 of 2019(2) dt.31-01-2019 3/3 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T