Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67800 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rajesh Kumar Son of Shambhu Mahato Resident of Village-Mahuawa Tola Dhekha P.S.-Muffasil Motihari, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Smt. Gulnar Begam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Town P.S. Case No. 215 of 2018 instituted for the offence under Section 30(a) and 38 of Bihar Excise and Prohibition Act, 2016.

In the written report it is alleged that 200 bottles of Nepali Saufi each containing 300 ml. have been recovered from Mini Van bearing registration No. H3J-68265. The owner of the aforesaid vehicle is Kamlesh Mahto.

Counsel for the petitioner submits that petitioner is not named in the written report. Counsel for the petitioner further submits that petitioner has been apprehended during investigation on the ground that he has purchased the aforesaid

Patna High Court Cr.Misc. No.67800 of 2018(2) dt.27-11-2018 2/2 vehicle from Kamlesh Mahto. The petitioner denies to have purchased the vehicle. The vehicle is registered in the name of Kamlesh Mahto.

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 Additional Sessions Judge-7th cum Special Judge Excise, Motihari, East Champaran, in connection with Town P.S. Case No. 215 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T