Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15192 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Abhishek Kumar, Son of Vidyanand Prasad, resident of Mohalla - Ghandi Chowk Ward No. 16, P.S. and District - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 87 of 2017, registered under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Excise Amendment Act, 2016.

The accusation is that informant received secret information regarding loading of illicit liquor in a vehicle. Thereafter, informant and other Police personnel reached at Rajopatti Tola Mandir and saw 7 to 8 persons were engaged in loading the cartons of liquor in a pickup van from a truck. On seeing the Police, all the persons started fleeing. Out of which three persons were apprehended, who disclosed their names as Karan, Raja Rain and Manoj Kumar. The apprehended persons disclosed that the cartons of liquor has been sent by Sumit Kumar, resident of Friends Colony, Gali No.1, House

Patna High Court Cr.Misc. No.15192 of 2017 (2) dt.27-04-2017 2/2 No.2, Faridabad, Haryana and they also disclosed the name of petitioner Abhiskek Kumar, who is liner, and Rohit is the associate of the petitioner. They also disclosed that the liquor was carried on the instruction of Ramesh.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner has not been apprehended from the spot, rather, his name has come in the confessional statement of Manoj Kumar. Further submission is that, in fact, Manoj Kumar was doing work at the jewellery shop of the petitioner and due to bad conduct, he was removed from the job and due to that reason, he disclosed the name of petitioner in this case. Further submission is that petitioner has no criminal antecedent is in custody since 16.02.2017. 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, Sitamarhi in connection with Sitamarhi P.S. Case No. 87 of 2017. (Rajendra Kumar Mishra, J) manish/- U T