Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10910 of 2020 Arising Out of PS. Case No.-199 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== BIPUL KUMAR S/o Nagendra Kumar Resident of Village-Targir Hanumangrah, P.S.-Rajauli, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Rajauli P.S. Case No. 199 of 2017 for the offence under Section 30(a) of the Bihar Excise and Prohibition Act. Allegation against the petitioner is that in the instant case 69 litres country made liquor was recovered from the motorcycle which belongs to this petitioner.

Learned counsel for the petitioner submits that petitioner at the relevant time after parking his motorcycle has gone to purchase medicine and then suddenly the motorcycle was seized with the bag containing liquor. He further submits that except the fact that the petitioner is the owner of the motorcycle, there is no material to connect the petitioner for commission of any offence.

Patna High Court CR. MISC. No.10910 of 2020(2) dt.04-03-2020 2/2 Considering the fact that nothing was recovered from conscious and immediate possession of the petitioner, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Additional District JudgeIInd-cum-Special Judge (Excise), Nawada in connection with Rajauli P.S. Case No. 199 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event in future, if the petitioner is found to be involved in any such activities, the Court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T