Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1076 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Rajesh Kumar, S/o late Sharwan Chaudhary, resident of Dargah Road Ward No. 25, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.10.2016 in connection with Kuchaikot P.S. Case No. 233 of 2016 for the offences instituted under Sections 272, 273, 420 of the IPC and 30(a) of the Bihar Excise Amendment Act.

The prosecution story, in brief, is that on search made by the police of the vehicle, 148.180 liters of foreign/country made liquor, cash of Rs. 1,07,000 and a mobile were recovered from the vehicle on which the petitioner and other was sitting. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.1076 of 2017 (2) dt.20-02-2017 2/2 tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 148.180 liters of foreign/country made liquor, cash of Rs. 1,07,000 and a mobile are said to have been recovered from the vehicle on which the petitioner and other was sitting. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Gopalganj, in connection with Kuchaikot P.S. Case No. 233 of 2016. U.K./- (Sudhir Singh, J) U T