Rambabu Kushwaha @ Rambabu Pd. And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10312 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rambabu Kushwaha @ Rambabu Pd., Son of Sheodhani Kushwaha

2. Chandan Kushwaha @ Chandan Kumar Singh, Son of Rambabu Kushwaha @ Rambabu Pd.

Both resident of village - Bashantpur, P.S. - Kundawa, Chainpur, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-03-2016 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 3 of the petition.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and 47(a) of the Excise Act.

Prosecution case is that two boys were seen crossing the Nepal boarder carrying a bag. One of them escaped from the scene while other was apprehended, who disclosed his name as Prince Kumar and from the bag 80 bottles of foreign

Patna High Court Cr.Misc. No.10312 of 2016 (2) dt.03-03-2016 2/2 liquor McDowell's brand were recovered. Prince Kumar disclosed the name of the petitioners.

It is submitted by learned counsel for the petitioners that except confession of co-accused there is nothing against the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Kundwa Chainpur P.S. Case No. 78 of 2015 pending in the court of learned Subdivisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T