Rekash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21683 of 2020 Arising Out of PS. Case No.-261 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Rekash Kumar, aged about 24 years (Male) S/O Shivji Sah Resident of Village-Dhobauliya, P.S.-Madhuban, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Krishna Kant Singh, Advocate For the Opposite Party :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Madhuban P.S. Case No. 261 of 2019 for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016 Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. In the instant case 5 1⁄4 litres of country made liquor was seized. It is alleged that the motorcycle carrying liquor met with accident and thereafter the petitioner fled away. The name of the petitioner was disclosed by a person Vinay Kumar, who was apprehended in this case where 5 1⁄4 litres of country made liquor was seized.

Patna High Court CR. MISC. No.21683 of 2020(2) dt.14-08-2020 2/2 Learned counsel for the petitioner would submit that no one has seen the petitioner involved in trade of liquor nor he was seen fleeing away when the alleged motorcycle met with accident.

Considering the fact that the petitioner has no criminal antecedent and nothing was recovered from possession of the petitioner, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, East Champaran, Motihari in connection with Madhuban P.S. Case No. 261 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T