Rajneesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31342 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== Rajneesh Kumar Singh S/o Dudhnath Singh, R/o Vill.- Bhadahu, P.S.- Dhanapur, District- Chandauli . (Uttar Pradesh). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Tripathy For the Opposite Party/s :
Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Durgawati P.S. Case no. 107 of 2018, registered under Section 30(a), 38 of Bihar Prohibition and Excise Amendment Act.
The accusation is that in course of checking the vehicle, one motorcycle was apprehended by the Police on which two persons were boarded. On seeing the Police, they started fleeing, but on chase both were apprehended, who disclosed their names as Binod Bind and Badhu Bind. On search, 5 bottles each containing 200 ML and One bottle of 180 ML India made foreign liquor was recovered to the dickey of
Patna High Court Cr.Misc. No.31342 of 2018(2) dt.12-06-2018 2/2 the motorcycle.
Learned counsel for the petitioner submits that petitioner was not apprehended on the spot. Further submission is that, in fact, co-accused Binod Bind has taken the motorcycle of petitioner for personal use, which was seized by the Police in which both have kept alleged seized liquor. The 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 four 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 Addl. Sessions Judge-IVcum-Spl. Court (Judge), Kaimur at Bhabua in connection with Durgawati P.S. Case No. 107 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T