Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28388 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -TEGHRA District- BEGUSARAI ====================================================== Gaurav Kumar, Son of Bhuneshwar Rai, a resident of Baro Salempur, Police Station - Barauni, District - Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Mouar, Advocate. For the Opposite Party : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.04.2017 in connection with Teghra P.S. Case No. 102 of 2017 for the offences instituted under Sections 414 of the IPC and 30, 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on secret information, the informant and other police persons stopped a vehicle and recovered 311.4 liters of foreign liquor on which the petitioner and other co-accused Vikash Kumar were found sitting. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.04.2017 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.28388 of 2017 (2) dt.07-07-2017 2/2 tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 311.4 liters of foreign liquor is said to have been recovered from the vehicle on which the petitioner and other co-accused Vikash Kumar were sitting. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned Special Judge, Excise, Begusarai-cumAdditional Sessions Judge-VIIth, Begusarai, in connection with Teghra P.S. Case No. 102/2017. (Sudhir Singh, J) U.K./- U T