Chitranjan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.53557 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53557 of 2016 Arising Out of PS.Case No. -235 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chitranjan Paswan S/o Pachu Paswan, Resident of Village- Chainpur Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 235 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act.

The accusation is that a person was apprehended by the police, who was driving the motorcycle bearing registration no. BR 06A Q- 7032, on which, a gunny bag was kept. On search, 90 bottles, each containing 300 ml, Nepali Saufi liquor was recovered from the gunny bag. The apprehended person disclosed his name as Ravi Ranjan Kumar.

Patna High Court Cr.Misc. No.53557 of 2016 (2) dt.19-12-2016 Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, it has come that motorcycle on which gunny bag containing Nepali Liquor was recovered, was of the petitioner and the same was being driven by the co-accused Ravi Ranjan Kumar who was apprehended by the police.

Considering 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 Sub-Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran, in connection with Dhaka P.S. Case No. 235 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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