Rajesh Prasad Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52144 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajesh Prasad Kushwaha, Son of Yamuna Mahto, Resident of VillageKhaniya, P.S.- Inarwa, District- West Champaran .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party : Smt Pushpa Sinha, APP 45 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 35, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

From a motorcycle police recovered country made liquor on 28th October, 2016. Submission of the petitioner is that the petitioner was not arrested at the spot and he is accused because the motorcycle is of the petitioner. He, further, submits that in fact the motorcycle was stolen away prior to the alleged occurrence and the petitioner had filed a complaint to the police as well as to the Court in the form of information petition regarding theft of the motorcycle.

Considering the facts, aforesaid, as well as the statement of the petitioner on oath that he got no criminal antecedent, 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 in connection with Balthar P.S. Case No. 83 of 2016 to the satisfaction of Sri N.P. Singh, Judicial Magistrate, 1st Class, West Champaran at Bettiah, or successor Court.

(Birendra Kumar, J) SA/- U √ T √