Aman Kumar @ Aman Kr. Choudhary @ Ravi Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15559 of 2020 Arising Out of PS. Case No.-31 Year-2019 Thana- MORO District- Darbhanga ====================================================== Aman Kumar @ Aman Kr. Choudhary @ Ravi Aman Kumar, Son of Ashok Choudhary @ Ashok Kumar Choudhary, Resident of Village - Patori, P.O. - Basant, P.S. - Moro, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar, Advocate.
For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with G.O. Case No. 1284 of 2019 arising out of Moro P.S. Case No. 31 of 2019, registered under Section 420 of the Indian Penal Code, Section 30(a) of the Bihar Excise Act, 2016 and Sections 25(1b)a, 26 and 35 of the Arms Act. The accusation is that in course of checking of the vehicle, one person was seen on motorcycle in suspicious condition and a car was also parked there, the person standing with motorcycle was apprehended, who disclosed his name as Ravi Shankar Thakur. On search, one cartoon containing 24 bottles each of 375 ml Indian made foreign liquor was recovered
Patna High Court CR. MISC. No.15559 of 2020(2) dt.14-05-2020 2/3 from the motorcycle. Thereafter, police intercepted the car, in which, two persons were found sitting, who disclosed their names as J.P. @ Jai Prakash Choudahry and Aman Kumar (petitioner). On search, several bottles, kept in different cartoons, in the volume of 175.185 litres Indian made foreign liquor were recovered from the car and one country made pistol with three live cartridges were found in possession of J.P. @ Jai Prakash Choudhary whereas one mobile set was found in possession of this petitioner.
Learned counsel for the petitioner submits that, in fact, petitioner had no knowledge about keeping the illicit liquor by co-accused, J.P. @ Jai Prakash Chouchary in his vehicle. The petitioner, who is co-villager of co-accused, J.P. @ Jai Prakash Choudhary, took lift for some distance but in the way, the car was intercepted by the police. It is further submitted that petitioner has no criminal antecedent and is in custody since 14.12.2019.
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 2nd Additional Sessions Judge-cum-Special
Patna High Court CR. MISC. No.15559 of 2020(2) dt.14-05-2020 3/3 Judge (Excise Act), Darbhanga, in connection with G.O. Case No. 1284 of 2019 arising out of Moro P.S. Case No. 31 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bardwaj/- U T