Mahendra Kumar @ Ajay Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.49317 of 2016 (2) dt.09-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49317 of 2016 Arising Out of PS.Case No. -468 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Mahendra Kumar @ Ajay Kumar son of Nageshwar Prasad, Resident of New Colony Bastipur P.S. Indrapuri District Rohtas at Sasaram. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47,47(A)(G), 53 and 57 of the Bihar Excise Amendment Act, 2016.
36 liters of foreign liquor was recovered on 13.09.2016 from the road side and local Chaukidar informed to the police that the petitioner was occupant thereof. Submission is that mere suspicion is there against the petitioner and on the alleged date of occurrence possession of foreign liquor was not an offence.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.49317 of 2016 (2) dt.09-12-2016 let, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned SubDivisional Judicial Magistrate, Dehri, Rohtas/Successor Court in connection with Dehri (Indarpuri) P.S. Case No. 468 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J) Prakash/- U T