Satish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.20129 of 2017 (2) dt.11-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20129 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Satish Kumar, son of Late Banshraj Prasad, Resident of Village- Majhwar Khas, P.S.- Chandauli, District- Chandauli (U.P.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Durgawati P.S. Case No. 44 of 2017, registered under Section 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of checking, one tempo was intercepted, which was being driven by the petitioner. On search, 50 bottles each containing 180 ml and 37 bottles each containing 375 of Indian made foreign liquor were recovered. Learned counsel for the petitioner submits that, in fact, at the time of checking of the vehicle, passengers of the Tempo succeeded to flee away but the petitioner, who is the driver of the tempo, was apprehended with the illicit liquor, which is belonging

Patna High Court Cr.Misc. No.20129 of 2017 (2) dt.11-05-2017 to the passengers of the tempo. It is further submitted that petitioner has no criminal antecedent and is in custody since 13.03.2017.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Durgawati P.S. Case No. 44 of 2017. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T