Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1898 of 2017 (2) dt.20-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1898 of 2017 Arising Out of PS.Case No. -480 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Rahul Kumar, son of Muneshwar Pandit.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Danapur P.S. Case No. 480 of 2016 registered under Sections 36/ 38(i) and 41(i) of the Excise Act.

The accusation is of recovery of four Jerkins, containing 120 litres country made liquor, from the auto rickshaw, which was driven by the petitioner.

Learned counsel for the petitioner submits that petitioner is simply auto rickshaw driver, who used to ply the passengers for his livelihood and the said Jerkin was loaded on the auto rickshaw by the passengers but he succeeded to flee away and this petitioner was apprehended by the police. It is further submitted that petitioner has no criminal antecedent and is in

Patna High Court Cr.Misc. No.1898 of 2017 (2) dt.20-01-2017 custody since 23.11.2016.

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 Additional Chief Judicial Magistrate, Danapur, in connection with Danapur P.S. Case No. 480 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T