Patna High CourtCR. MISC./23260/2017allowed

Santosh Kumar v. The State Of Bihar

2017-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23260 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Santosh Kumar son of Birendra Thakur resident of village - Dhankaul, P.S. Piprahi, District Sheohar at present residing at the house of Binod Paswan, village - Chak Mahila Ward No. 5, Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is an accused in connection with Runni Saidpur P.S. Case No. 121 of 2017 for the offence under sections 30, 30(g), 38(1)(2) of the Bihar Excise Amendment Act, 2016. In para-9 of the petition, the petitioner has stated that he is driver of the car. From perusal of the FIR, it appears that he was apprehended by the police on 19.3.2017 from the car bearing registration no. WB-022-2797 and 7 Cartoons of Royal Stage was seized. The petitioner is driver of the car and not owner of the aforesaid vehicle which was seized by the police. As per statement made in para-3 of the bail application, the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.23260 of 2017 (3) dt.05-06-2017 2/2 In view of the facts that the petitioner is only the driver of the car which was intercepted by the police and liquor was seized from the said vehicle, I am inclined to enlarge the petitioner, named above, on bail on furnishing bail bond of Rs. 10, 000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runni Saidpur P.S. Case No. 121 of 2017 on the condition that the petitioner will extent full cooperate in the trial and will not, in any manner, tamper with the evidence. (Anil Kumar Upadhyay, J) Ravi/- U T