Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38331 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rakesh Kumar Son of Bijali Choudhary Resident of Village Purani Bazar Motipur P.s Motipur district Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner Mr. Yogendra Kumar Singh and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 72/2014 registered for offences punishable under Sections 272, 273, 420/34 of the I.P.C. and 47A of the Excise Act.
The prosecution case is that the informant, namely Samrat Deepak, S.H.O., Nautan P.S. on confidential information, he along with other police officers and constable reached at Gahiri Mission. It is further alleged that the informant found a truck 709 bearing registration No. BR-06-GA 1772 covered with tripal. It is further alleged that on seeing the police jeep the driver
Patna High Court Cr.Misc. No.38331 of 2015 (2) dt.21-09-2015 2/3 of the truck managed to flee away. It is further said that in the meantime villagers assembled and in the presence of independent witnesses truck was searched and in course thereof 15 plastic drums containing 200 litres ( total 15 x 200 litres = 3000 litres) spirit was recovered from the said truck. It is further alleged that one paper of National Insurance was found over which name of the owner of truck was written as Dilip Sahni, A/P Rakesh Kumar (Petitioner), Motipur District Muzaffarpur. It is further alleged that one note book was also recovered from the said truck in which name of some persons has been written.
Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and just because the name of Dilip Sahani with an endorsement A/p, which means "at present" that the petitioner's name has been implicated. It has further been submitted that the petitioner has no connection with the alleged offence and has been falsely implicated in the aforesaid case.
Be that as it may, let the petitioner, namely, Rakesh Kumar, in case of arrest or surrender within a period of four weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand only) with two sureties of the like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.38331 of 2015 (2) dt.21-09-2015 3/3 Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Nautan P.S.Case No. 72/2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Nilu Agrawal, J) Sudha/- U