Patna High CourtCR. MISC./54021/2016allowed

Raju Kumar v. The State Of Bihar

2016-12-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54021 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54021 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raju Kumar son of Ramji Mahto resident of Village/Mohalla- Kalibag, Naka No. 3, P.S. Kalibag O.P., District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Gopalpur P.S. Case No. 82 of 2016 registered under Sections- 414, 272, 273/34 of the Indian Penal Code and section 47/57 of the Bihar Excise Amendment Act, 2016.

Prosecution case, in short, is that on secret information police recovered 500 bottles of Nepali liquor, four mobiles and a motorcycle.

Learned counsel for the petitioner submits that the alleged liquor was recovered from a tempo and said tempo was being driven by the co-accused Chandan Kumar Pandey and petitioner has no concern with said Chandan. Petitioner has

Patna High Court Cr.Misc. No.54021 of 2016 (2) dt.16-12-2016 been apprehended with a motorcycle, which is his brother's motorcycle, and not a stolen one. Petitioner is in custody since 28.08.2016.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Washim Akram Kha, Judicial Magistrate 1st Class, Bettiah, West Champaran, in connection with Gopalpur P.S. Case No. 82 of 2016.

(Arvind Srivastava, J) Manish/- U T