Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50513 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Keshav Kumar, Son of Ashok Singh, Resident of Village - Lerua, P.S. - Maharajganj, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 181 of 2019 registered under Sections 30(a), 36 and 41(1) of the Bihar Excise Act, 2016. The accusation is that when the informant along with other police personnel reached at village Lerua then on seeing the informant and other police personnel, two persons boarding on a motorcycle succeeded to flee away with bag and other two persons started to flee away with plastic bag but on chased, they also succeeded to flee away throwing the plastic bag and also left a motorcycle. On search, 20 litres Indian made foreign liquor from the bag kept on the motorcycle and 10 litres

Patna High Court CR. MISC. No.50513 of 2019(2) dt.14-08-2019 2/2 Indian made foreign liquor from the another plastic bag recovered. The persons, who were present there, disclosed the name of Lalan Prasad, Ashok Singh, Rajroushan Kumar and Keshav Kumar (petitioner), who succeeded to flee away. Learned counsel for the petitioner submits that petitioner has not been apprehended by the police at the spot but his name has been disclosed due to dirty village politics and petitioner is not the owner of aforesaid seized motorcycle. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with Maharajganj P.S. Case No. 181 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.