Tutu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35736 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Tutu Kumar, Son of Anil Singh, Resident of Village - Ambari Police Station - Shekhopur Sarai, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-05-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Shekhopur Sarai P.S. Case No. 18 of 2020 (Excise Case No. 135 of 2020), registered under Section 30(a) of the Bihar Excise Act, 2016. The accusation is that in course of patrolling duty, informant and other police personnel received information about parking of Sentro Car bearing registration no. WB-02M-8366 at barren land situated in the west of Thakurwari in village Ambari belonging to the petitioner, on which, informant and other police personal reached there then saw that a Sentro Car bearing registration

Patna High Court CR. MISC. No.35736 of 2020(2) dt.04-05-2021 2/2 no. WB-02-8366 was parked there. On search, 99 bottles each containing 180 ml Indian made foreign liquor recovered from the said Sentro Car.

Learned counsel for the petitioner submits that it would appear from the FIR that petitioner was not apprehended at the spot and he is not the owner of the seized vehicle, from which, 99 bottles each containing 180 ml Indian made foreign liquor are said to be recovered. Mr. Bipin Kumar, learned counsel appearing for the petitioner, submits at bar that the said seized car is not belonging to the family members of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Sheikhpura, in connection with Shekhopur Sarai P.S. Case No. 18 of 2020 (Excise Case No. 135 of 2020), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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