Shambhu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17668 of 2018 (2) dt.29-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17668 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Shambhu Kumar, S/o Ramraj Saw, Resident of Village- Ahiwarnpur, Sidhouli, P.S.- Akhorhi Gola, District- Rohtas (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barun P.S. Case No. 157 of 2017 registered under Sections 30(a) and 38 of the Bihar Excise Act.

The accusation is of recovery of 380 pouches each containing 200 ML country made liquor from the Maruti car bearing Registration No. BR-01B-8242, while the driver of the said Maruti car succeeded to flee away.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that alleged country made liquor was recovered from the Maruti car bearing Registration No. BR-01B08242, which belongs to the petitioner, but the car was being driven

Patna High Court Cr.Misc. No.17668 of 2018 (2) dt.29-03-2018 by the driver and he has no knowledge about carrying the illicit liquor. It is further submitted that petitioner has no criminal antecedent and is in custody since 31.01.2018. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII-Cum-Special Judge,(Excise), Aurangabad, in connection with Barun P.S. Case No. 157 of 2017. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T