Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23460 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ====================================================== Sanjay Kumar, son of Briju Rai, resident of Village- Phulwariya-3, P.S.- Phulwariya, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Advocate For the Opposite Party : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.03.2017 in connection with Barauni Rail P.S. Case No. 30 of 2017 for the offences instituted under Sections 272, 273 of the IPC and 30(a) of the Bihar Excise Amendment Act, 2016.

The prosecution story, in brief, is that on 08.03.2017 at about 4.45, the informant was on duty alongwith the police forces and during the course of roaming, he saw that one person jumped from the Reservation Coach Train of Garib Nabaz Express having with a bag and on suspicion, he gave signal to stop but he started to flee away but he was nabbed by the police forces and he disclosed his name as this petitioner and on interrogation, he has disclosed that there are 12 bottles of English wine in bag,

Patna High Court Cr.Misc. No.23460 of 2017 (6) dt.24-05-2017 2/2 thereafter in presence of two constables the bag was searched and he recovered 12 sealed bottles of Royal Stag kept in the bag under the Yellow colour cartoon, thereafter, he prepared the seizure list. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.03.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. It is alleged that 09 liters of foreign liquor is said to have been recovered from possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rail Barauni, in connection with Barauni Rail P.S. Case No. 30/2017. (Sudhir Singh, J) U.K./- U T