Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7677 of 2018 Arising Out of PS. Case No.-240 Year-2017 Thana- KHUSRUPUR District- Patna ====================================================== Shashi Kumar, Son of Baleshwar Yadav @ Baleshwar Prasad, Resident of Village- Harinagar, P.S.- Sahjahanpur, District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. LAKSHMI KANT SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Special Case No. 7838 of 2017 (Khusrupur P.S. Case No.240 of 2017), registered under Sections 420 and 120(B) of the Indian Penal Code and Section 30(a), 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act.

The accusation is that on receiving secret information about carrying the India made foreign liquor in truck and in other vehicles, the informant and other Police officials started searching of the vehicle in that course one truck bearing Reg. No. BR-1GA-1876, one Swift car bearing No. BR-01BM-3116 and one Alto Car No. BR-01CU-9358

Patna High Court Cr.Misc. No.7677 of 2018(2) dt.08-02-2018 2/3 were stopped and searched. On search, 552 bottles, each containing 750 ML India made foreign liquor recovered from the said truck, whereas 8 bottles, each containing 750 India made foreign liquor recovered near the seat of the driver, who disclosed his name as Shankar Yadav and he also disclosed that the said truck belongs to one Raju Kumar Sah, who is the liquor Mafiya. Thereafter, swift car was searched and 48 bottles, each containing 375 ML, was recovered in which petitioner and one Vinod Yadav were found sitting in the said swift car, whereas from the Alto car 48 bottles, each containing 375 ML India made foreign liquor recovered in which Kaushal Kumar and Chhotu Kumar were found sitting.

Learned counsel for the petitioner submits that, in fact, petitioner and co-accused Vinod Yadav were wrongly apprehended by the informant and remanded in the present case showing the recovery of 48 bottles of India made foreign liquor. Further submission is that petitioner has no criminal antecedent and he is in custody since 08.11.2017. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.7677 of 2018(2) dt.08-02-2018 3/3 satisfaction of the Special Judge, SC/ST Act-cum-Excise Act, Patna in connection with Special Case No. 7838 of 2017, (Khusrupur P.S. Case No. 240 of 2017).

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