Rinku Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7366 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rinku Patel, son of Shri Motilal Patel, Resident of Village- Sahersawa, Police Station- Gopalpur, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Gopalpur P.S. Case No. 111 of 2016, registered under Sections 414, 420, 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of 220 bottle, each containing 180 ML Nepali liquor to the tempo, which was driven by this petitioner on which one Mahatam Tiwary was also found sitting.

Learned counsel for the petitioner submits that petitioner used to ply tempo on hire for this livelihood. Further submission is that co-accused Mahatam Tiwary loaded two

Patna High Court Cr.Misc. No.7366 of 2017 (2) dt.09-03-2017 2/2 cartons and he also boarded on the tempo, but in the way, Police apprehended the petitioner and others showing recovery of alleged liquor. Further submission is that petitioner having no knowledge about carrying of liquor in his tempo. The petitioner has no criminal antecedent is in custody since 18.11.2016. 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, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 111 of 2016.

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