Patna High CourtCR. MISC./43860/2019allowed

Raja Kumar v. The State Of Bihar

2019-07-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43860 of 2019 Arising Out of PS. Case No.-705 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Raja Kumar, Son of Chandeshwar Choudhary, Resident of VillageRupnarainpur Bela, Police Station- Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Samastipur (Muffasil) P.S. Case No. 705 of 2018 for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 21.04.2019. He further submits that the petitioner has been roped in the present case because his motorcycle was standing near the truck wherefrom 2757.4 litres of liquor was seized. He also submits that the petitioner is neither the owner of the truck nor he has any concern with the liquor and the similarly

Patna High Court CR. MISC. No.43860 of 2019(2) dt.17-07-2019 2/2 circumstanced other co-accused have been granted bail by different co-ordinate Benches of this Court.

Considering the fact that the petitioner has got no criminal antecedent and he has remained in custody for about three months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 705 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T