Ajit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29717 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Ajit Rai son of Tileshwar Rai Resident of Village - Toparatola, P.S. Pirpainty, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. 18 liters Indian made foreign liquor were recovered from a bag, kept at the back seat of the motorcycle. It is alleged that petitioner was caught on the spot while he was fleeing away leaving behind his seized motorcycle.

Submission on behalf of the petitioner is that the seized motorcycle does not belong to the petitioner and, as a matter of fact, nothing has been recovered from conscious possession of the petitioner. It is submitted that according to the prosecution case, petitioner was arrested on 16.04.2016 but he was produced before the court below on 18.04.2016, i.e., beyond 24 hours and, therefore, the aforesaid fact creates doubt about the

Patna High Court Cr.Misc. No.29717 of 2016 (2) dt.28-07-2016 2/2 genuineness of the prosecution case.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, XI, Bhagalpur in connection with Pirpainty P.S.Case No. 81 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T