Birendra Kumar @ Virendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23684 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Birendra Kumar @ Virendra Kumar, Son of Shri Babulal Prasad, Resident of Village- Raipur, P.S. Veldhi, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganga Prasad Bimal, Advocate. For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Industrial Area P.S. Case No. 25 of 2017 instituted for the offence under Sections 467, 468, 469, 471, 420, 414 of the Indian Penal Code, Sections 30 and 47 of the Bihar Prohibition & Excise Act, 2016.
It has been submitted on behalf of the petitioner that he has clean antecedent. No liquor has been recovered from his possession. He was merely standing on the spot. It has further been submitted that co-accused Tapeshwar Rai has been granted bail by a coordinate Bench of this Court vide order dated 16.5.2017 passed in Cr. Misc. 16267 of 2017.
As per written report, police apprehended three persons namely, Rajiv Kumar, Birendra Kumar and Ashok. Ashok
Patna High Court Cr.Misc. No.23684 of 2017 (2) dt.19-05-2017 2/2 claimed himself to be the driver of the truck. The police made search of all the arrested persons and recovered two Mobile phones from possession of this petitioner.
In this manner, from the written report as well as seizure list, it appears that no incriminating article or any liquor has been recovered from possession of this petitioner. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 25 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T