Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13852 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Rahul Kumar, Son of Late Sudhir Prasad Resident of Mohalla - Mangal Talab, Ward No. 66, P.S.- Chowk, District- Patna 2.

Piyush Sharma Son of Pawan Sharma Resident of Village - Keshav Rai Gali, Ward No. 55, P.S.- Khajekala, Patna City, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Siwan Muffasil P.S. Case No. 55 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The accusation is that in course of checking of the vehicle, one Tata Indigo car was seen, on giving signal to stop the car, two persons started fleeing from the car, but on chase, both persons were apprehended at some distance, who disclosed their names Rahul Kumar and Piyush Sharma. On search of the said car, 07 cartons, each containing 48 bottles

Patna High Court CR. MISC. No.13852 of 2020(2) dt.03-03-2020 2/2 total 576 bottles of 180 ML and 46 bottles of 180 ML total 111 liters India made foreign liquor recovered.

Learned counsel for the petitioners submits that the petitioners are neither owner nor driver of the seized vehicle, rather, they have been apprehended by the Police, when there were passing from the road. Both the petitioners have no criminal antecedent and they are in custody since 05.02.2020.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are 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 Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. Case No. 55 of 2020. (Rajendra Kumar Mishra, J) manish/- U T