Sonu Kushwaha v. The State Of Bihar

Patna High Court Cr.Misc. No.2354 of 2017 (2) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2354 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sonu Kushwaha, son of Shiv Bachan Prasad, Resident of village Bhagwanpur, P.S. Thawe, District Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kuchaikot P.S. Case No. 233 of 2016 registered under Sections 272, 273 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

The accusation is that, in course of checking of the vehicle, Honda Car bearing registration no. DL 7CF- 1754 was intercepted, which was being driven by Khurshid Alam, in which, one Rajesh Kumar was found sitting. On search, 48 bottles each containing 180 ml, 20 bottles each containing 375 ml, 48 bottles each containing 180 ml, 24 bottles each containing 375 ml, of Indian made foreign liquor and 95 bottles each containing 200 ml

Patna High Court Cr.Misc. No.2354 of 2017 (2) dt.02-02-2017 of country made liquor were recovered. On query, they disclosed that the aforesaid vehicle is belonging to the petitioner, who loaded the illicit liquor in the vehicle for selling the same at Gopalganj.

Learned counsel for the petitioner submits that petitioner is the owner of Honda Car, which is said to be seized by the police. In fact, co-accused, Rajesh Kumar has made request to provide the care for going to Gorakhpur for treatment of his son and the petitioner had no knowledge about carrying the illicit liquor, which is said to be recovered from his vehicle. Further submission is that petitioner has no criminal antecedent and is in custody since 09.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikot P.S. Case No. 233 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T