Binay Kumar Diwedi @ Vinay Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2700 of 2016 Arising Out of PS.Case No. -196 Year- 2015 Thana -HATHUA District- GOPALGANJ ====================================================== Binay Kumar Diwedi @ Vinay Kumar Dubey Son Sri Paras Nath Diwedi @ Paras Nath Dubey R/o Village-Dubey Pachamawa, P.S.-Kateya, DistrictGopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner/ and learned counsel for the State.

Petitioner is accused in connection with Hathua P.S. Case No. 196 of 2015 registered under Sections 272, 273 of the I.P.C. and 47-A of the Excise Act.

The accusation is that 7080 bottles containing 2832 liters of liquor recovered from the vehicle, which was being driven by this petitioner.

Learned counsel appearing on behalf of the petitioner submits that in fact, petitioner has no concern with the seized liquor, rather petitioner is simply a driver-cum-owner of pick-up van bearing its Registration No. BR29R 8326 and the seized articles belong to one Rahul Kumar, which would appear from Annexure-3 series. Further, submission is that petitioner has

Patna High Court Cr.Misc. No.2700 of 2016 (3) dt.17-03-2016 2/2 no criminal antecedent and is in custody since 27.11.2015. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Hathua P.S. Case No. 196 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner.

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