Rajeev Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7153 of 2018 (2) dt.08-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7153 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -DHARHARA District- MUNGER ======================================================

1. Rajeev Kumar, Son of Umesh Sah, Resident of Argara Road, Lallu Pokhar P.S.- Kasim Bazar, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Dharahara P.S. Case No. 106 of 2017 registered under Sections 30/32 of the Bihar Prohibition and Excise Act. On receiving secret information about carrying illicit liquor from Lakhisarai station in a tempo bearing Registration No. BR08P 2750, informant along with other police officials started checking and stopped the alleged tempo in which three persons were sitting including the driver. From possession of Chhotu Kumar, 79 bottles each containing 180 ml. foreign liquor and from possession of Devraj Kumar 70 bottles, each containing 180 ml. Indian made foreign liquor has been recovered. On query, they

Patna High Court Cr.Misc. No.7153 of 2018 (2) dt.08-02-2018 disclosed that they are carrying illicit liquor for the petitioner Rajeev Kumar.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged illicit liquor was not seized from possession of the petitioner rather his name has been disclosed by the co-accused Devraj Kumar and Chhotu Kumar who were apprehended on spot with liquor. It is further submitted that petitioner has no criminal antecedent and is in custody since 05.09.2018.

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 learned Additional Sessions 5th-cum-Special Judge, Munger, in connection with Dharahara P.S. Case No. 106 of 2017. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) sushma/- U T