Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3746 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Mintu Kumar, Son of Dinesh Das, Resident of Village Tal Depo, Rampur Jalalpur, P.S.- Dalasingsarai, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.

Petitioner apprehends his arrest in Dalsingsarai P.S. Case No.269 of 2018 registered under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

The informant, a police official, apprehended one accused with his motorcycle. The apprehended accused disclosed his name as Saurabh Kumar @ Saurabh Suman. From the plastic bag tied on the motorcycle, 13 bottles of Imperial Blue Whiskey each containing 375 ml. were recovered. The apprehended accused disclosed the name of the petitioner, Mintu Kumar and Chhote Lal Rajak and said that they managed to flee away.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.3746 of 2019(2) dt.28-01-2019 2/2 petitioner was of course travelling with the apprehended accused, Saurabh Suman but he was not knowing about the contents kept in the sacks. The motorcycle belongs to Saurabh Kumar.

Considering the facts aforesaid and the fact that petitioner has got no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged 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 Special Judge, Excise Actcum-A.D.J., 3rd, Samastipur in connection with Dalsingsarai P.S. Case No.269 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T