Prins Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39808 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -SIKANDARA District- JAMUI ====================================================== Prins Kumar, Son of Vinay Singh, resident of Village Bhagwanpur, thana Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.05.2017 in connection with Sikandra P.S. Case No. 71 of 2017 registered for the offence punishable under Sections 373 and 414 of the Indian Penal Code and Sections 30 and 30A of the Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code.

The prosecution case is, as lodged by the police personnel, is that on a secret tip-off that huge quantity of

Patna High Court Cr.Misc. No.39808 of 2017 (2) dt.23-08-2017 2/3 illicit liquor is being transported, they conducted a raid and intercepted one Indigo Car. The petitioner was found sitting in car along with co-accused Dharmvir Kumar and on search 200 litres of country made wine was recovered from the said car, who disclosed that the owner is the Santosh Gupta and Rituraj @ Pappu, who were coming from behind. Said Santosh Gupta and Rituraj @ Pappu were also apprehended by the police along with other co-accused persons. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that co-accused Santosh Gupta has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 39514 of 2017 on 19.08.2017. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each

Patna High Court Cr.Misc. No.39808 of 2017 (2) dt.23-08-2017 3/3 to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection Sikandra P.S. Case No. 71 of 2017. (Nilu Agrawal, J.) Arjun/- U T