Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30412 of 2018 Arising Out of PS. Case No.-152 Year-2017 Thana- DANIYAWA District- Patna ====================================================== Tinku Kumar, S/o Ajay Singh @ Bimal Bhushan Singh, R/o Vill.- Kismiria, P.S.- Shahjahanpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daniyawn P.S. Case No. 152 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that, on receiving secret information about carrying the illegal liquor, the informant being the Officer-in-Charge of Daniyawan Police Station started checking of the vehicles at Daniyawan market. At that time, one Maruti Car bearing registration no. BR52- 1875 was intercepted, but two persons, who were sitting in Maruti Car succeeded to flee away, who were identified as Sujit Kumar and Suraj Kumar. On search, 90 bottles, each containing 750 ml, Indian made

Patna High Court Cr.Misc. No.30412 of 2018(2) dt.13-06-2018 2/3 foreign liquor were recovered. Later on, informant came to know that Sujit Kumar and Suraj Kumar were carrying the seized liquor for supplying to petitioner, Tinku Kumar and one Mithun.

Learned counsel for the petitioner submits that petitioner was not identified at the place of occurrence rather his name has surfaced by the informant mere on suspicion saying that the seized liquor was to be supplied to this petitioner and one Mithun. Further submission is that petitioner has no criminal antecedent.

Having regard to 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 Special Excise Judge, Patna, in connection with Daniyawn P.S. Case No. 152 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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

Patna High Court Cr.Misc. No.30412 of 2018(2) dt.13-06-2018 3/3