Rajan Kumar @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71225 of 2018 Arising Out of PS. Case No.-190 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== Rajan Kumar @ Sujeet Kumar, aged about 22 years, Son of Suresh Saw, Resident of Village- Thali Bazar, P.S.- Govindpur, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudhanshu Shekhar, Advocate.

For the Opposite Party/s :

Mr. Sri Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Govindpur P.S. Case No. 190 of 2018, registered under Section 30(A) of the Bihar Excise Act, 2016.

The accusation is that, on receiving information about carrying of illicit liquor loaded in Bolero vehicle, the informant being the A.S.I. of Govindpur Police Station started checking of the vehicles on 04.10.20108 in the evening. At about 7 P.M., one motorcycle came there. When signal was given to stopped the motorcycle then the motorcycle rider started to flee away but the said motorcycle was intercepted. On quarry, motorcycle rider disclosed his name as Rajan Kumar @

Patna High Court Cr.Misc. No.71225 of 2018(2) dt.03-12-2018 2/3 Sujeet Kumar (petitioner) and also disclosed that a Bolero vehicle bearing registration no. WB -38J-7771 is also coming loaded with Indian made foreign liquor. Thereafter, on giving signal to stop the vehicle, the driver of the Bolero tried to flee away dashing the another vehicle but the driver of the aforesaid Bolero was apprehended, who disclosed his name Navlesh Kumar and also disclosed that he is the owner of the Bolero. On search, 36 pieces each containing 750 ml and 48 pieces each containing 375 ml Indian made foreign liquor were recovered from the aforesaid Bolero. .

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is the owner of motorcycle not the owner of Bolero vehicle, in which, Indian made foreign liquor is said to be recovered. It is further submitted that petitioner has no criminal antecedent and is in custody since 05.10.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Govindpur P.S. Case No.

Patna High Court Cr.Misc. No.71225 of 2018(2) dt.03-12-2018 3/3 190 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T