Ashutosh Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12228 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ====================================================== Ashutosh Kumar @ Pappu, son of Sri Ramchandra Das, resident of village - Bisanpur, P.S. - Muffasil, District - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hasanpur P.S. Case No. 269 of 2016, registered under Sections 30(a) and 47 of the Bihar Excise (Amendment) Act, 2016. The accusation is that on receiving secret information about carrying of illicit liquor and selling the same by Jitendra Kumar and the petitioner the police apprehended both, who confessed that they used to finance for purchasing of illicit liquor from the State of Jharkhand and selling the same in Bihar through Pankaj Kumar @ Guddu, Mukesh Kumar. Manoj Paswan and Lalit Narayan Singh, have gone to Jharkhand to carry the illicit liquor loading on a truck and truck was being

escorted by the them boarding on Swift Car. Thereafter, police started checking of vehicles near Khagaria Hasanpur and at the instance of Chunchun Jha @ Jitendra Kumar, one truck was intercepted, which was followed by a Swift Car, while drivers of truck and Swift Car along with two others started to flee away but they were apprehended, who disclosed their names as Lalit Narayan Singh, Rajesh Kumar, Ajit Kumar and Pankaj Kumar Sah. On search, 1784 litres, in different bottles, of Indian made foreign liquor recovered form the truck.

Learned counsel for the petitioner submits that, in fact, petitioner and one Jitendra Kumar have falsely been implicated in this case showing the involvement of petitioner and one Jitendra Kumar for carrying the illicit liquor, which is said to be recovered from the truck. It is further submitted that petitioner has no criminal antecedent and is in custody since 24.12.2016.

Having regard to the facts and the circumstances of the case, let the petitioner above named, 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, Rosera, Samastipur, in connection with Hasanpur P.S. Case No. 269 of 2016. Out of

two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T