Rajiv Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48360 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -KHIRHAR District- MADHUBANI ====================================================== Rajiv Kumar Thakur Son of Sri Arun Kumar Thakur, Resident of Village - Borhar, P.S. - Khirhar, District - Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Excise Act.
One motorcycle was seized. The petitioner is said to have fled away from the scene. On search of the motorcycle, country-made liquor was recovered. It is submitted that the petitioner was not apprehended on the spot nor anything was recovered from the conscious possession of the petitioner. The petitioner is not the owner of the vehicle. Even during the course of investigation, none of the witnesses have stated that they identified the person while fleeing away after leaving the motorcycle.
Considering the facts aforesaid and the fact that the
Patna High Court Cr.Misc. No.48360 of 2015 (2) dt.17-12-2015 2/2 petitioner is not the owner of the vehicle, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Benipatti at Madhubani in Khirhar P.S. Case No. 37/15, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T