Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51221 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RAJESH KUMAR Son of Ram Briksha Rai @ Ram Vriksha Rai Resident of Village- Berai, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Bochahan P.S. Case No. 229 of 2019 for the offenses under Sections 272, 273, 120(B) IPC and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent. In the instant case 6273 liters of liquor was recovered from truck and not from the conscious possession of the petitioner. The Truck does not belong to the petitioner. The petitioner is in custody since 16.06.2019.
Considering recovery of huge quantity of liquor, the Court is of the view that petitioner should be released on bail on
Patna High Court CR. MISC. No.51221 of 2019(2) dt.17-08-2019 2/2 deposit of heavy cash amount. Accordingly, the Court directs release of the petitioner on deposit of Rs. 01/- lac in cash in the Court below at the time of release. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in connection with Bochahan P.S. Case No. 229 of 2019, subject to the deposit of Rs. 1,00,000/- in cash in the court below at the time of release.
The deposit of Rupees one lac shall abide by the final out come of the pending case before the court below. (Anil Kumar Upadhyay, J) spandey/- U T