Pawan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15418 of 2017 (2) dt.13-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15418 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NTPC District- BHAGALPUR ====================================================== Pawan Kumar Son of Saryug Sah, Resident of village - Shyampur, P.S. Kahalgaon, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 02.01.2017 in connection with N.T.P.C. P.S. Case No.1 of 2017 registered for the offence punishable under Sections 188, 290 & 34 of the Indian Penal Code & 30(A), 30(9) of the Prohibition of Excise Act, 2016.

The prosecution case is that the police, on secret tip off, intercepted and apprehended three persons who were on motorcycle with foreign liquor and seized two bottles of 750 ml. each and three bottles of 375 ml. each from the accused persons including the petitioner.

It has been submitted by the learned counsel for the petitioner that petitioner is innocent. There is no criminal history

Patna High Court Cr.Misc. No.15418 of 2017 (2) dt.13-04-2017 of petitioner and seized liquor cannot be attributable only to the petitioner. He also submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with N.T.P.C. P.S. Case No.1 of 2017. (Nilu Agrawal, J.) Rajeev/- U T