Patna High CourtCR. MISC./60673/2019disposed

Rajesh Kumar v. The State Of Bihar

2019-09-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60673 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== RAJESH KUMAR S/o Suresh Singh R/o village- Amrit Nagar, P.S.- Daudnagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Haspura P.S.Case No.106 of 2019 dated 11.8.2019 registered for offences punishable under Sections 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2018. As per the FIR one motorcycle was intercepted and 01 and odd ltr. of liquor was recovered and the local persons disclosed the name of the person, who succeeded in fleeing away as the petitioner.

Submission of the learned counsel for the petitioner is that the motorcycle does not belong to the petitioner and the name of the villager has not been disclosed as to who has taken the name of the petitioner.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.60673 of 2019(2) dt.24-09-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender within a period of two weeks before the learned special Judge within a period of two weeks from the date of receipt of the order, the learned Special Judge shall verify from the case diary as to whether the name of the local person has been mentioned in the case diary, who has disclosed the name of the petitioner and if it is not so , he will release the petitioner on bail to his own satisfaction otherwise the petitioner has to surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T