Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27154 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Om Prakash Son of Rajendra Mahto, Resident of Mohalla- Purana Gudari, P.S.- Town, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Brahampura P.S. Case No. 73 of 2017 for the offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The name of the petitioner figured in the case on the statement of the auto driver who was apprehended by the police during search of the auto in which the liquor was kept. Learned counsel for the petitioner submits that the petitioner has nothing to do with the liquor kept in the carton seized from the auto bearing registration No. BR-06 PB-2496. Having regard to the fact that nothing was recovered

Patna High Court Cr.Misc. No.27154 of 2017 (2) dt.01-07-2017 2/2 from the conscious possession of the petitioner and his name was disclosed by the auto driver, who was carrying the foreign liquor, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 3rd-cum- Special Judge, Excise Act, Muzaffarpur or the successor Court in connection with Brahampura P.S. Case No. 73 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T