Patna High CourtCR. MISC./43751/2016allowed

Harsh Raj @ Harshraj v. The State Of Bihar

2016-10-06Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43751 of 2016 Arising Out of PS.Case No. -174 Year- 2016 Thana -SULTANGANJ District- PATNA ======================================================

1. Harsh Raj @ Harshraj Son of Sanay Chaudhary @ Sanjay Kumar, Resident of Chaudhary Tola, Police Station- Sultanganj in the district of Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

On getting confidential information that one Harsh Raj @ Harshraj (petitioner) is carrying bag full of wine over his motorcycle with the help of rider, police chased and during course thereof, it has been alleged that the aforesaid consignment was unloaded at the house of one Binay Kumar. On search, the aforesaid consignment was found over roof of different persons, namely, Mohan Rajak which was occupied by Champa Sharma as a tenant. After untying the bag, 24 bottles of Royal Stag of Premier Whisky each containing 750 ML were seized. Only Binay Kumar was apprehended at the spot, on account of putting resistance and further, prohibiting the police officials to search his house.

Patna High Court Cr.Misc. No.43751 of 2016 (2) dt.06-10-2016 Petitioner is under custody since 02.09.2016 and as per para-3 of the petition, he has got no criminal antecedent. Apart from this, it is also evident that informant did not know the petitioner since before but on his illusion, he named the motorcyclist as petitioner.

Accordingly, petitioner, Harsh Raj @ Harshraj is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Sultanganj PS Case No. 174/2016. (Aditya Kumar Trivedi, J) perwez U T