Raja Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8108 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== RAJA JAISWAL S/o Prabhu Jaiswal village-Barewa,P.S-Dhaka, District East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Kundwa Chainpur P.S.Caase No.137 of 2018 dated 2.10.2018, registered for offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that the police intercepted two motorcycles and one of the accused was arrested and the petitoner succeeded in fleeing away and from the motorcycle of the petitioner, 300 bottles of of 300 ml. each of nepali liquor was recovered.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and as a matter of fact

Patna High Court CR. MISC. No.8108 of 2019(4) dt.22-04-2019 2/2 nothing has been recovered from the possession of the petitioner and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Kundwa Chainpur P.S.Case No.137 of 2018 dated 02.10.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T