Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.551 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -PUPRI District- SITAMARHI ====================================================== Rupesh Kumar Son of Manoj Kumar Mishra R/o Village- Janipur, P.S.- Nanpur, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(A), 38 and 41 of the Bihar Excise Amendment Act, 1915. Allegation in brief against the petitioner is that he was driving a motorcycle and going along with pillion rider. It is alleged that foreign liquor, bottles in total containing 12.900 litres were recovered from the bag.

Learned counsel appearing on behalf of the petitioner submits that this petitioner had no knowledge that pillion rider was carrying foreign liquor. Petitioner has got no criminal antecedent and is a student of Intermediate.

Patna High Court Cr.Misc. No.551 of 2017 (2) dt.11-01-2017 2/2 Considering the aforesaid facts and circumstances, petitioner was driving a motorcycle and has got no criminal antecedent and the recovery was made from the possession of pillion rider and not from the petitioner, 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 Sub-Divisional Judicial Magistrate, Pupari at Sitamarhi in connection with Pupari P.S. Case No.277 of 2016. (Arun Kumar, J) N.H./- U T