Patna High CourtCR. MISC./22417/2017allowed

Rakesh Kumar v. The State Of Bihar

2017-06-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22417 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================

1. Rakesh Kumar Son of Suresh Mahto, Resident of Village- Pologram Gulabbagh, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State.

Petitioner is in custody in connection with Dagarua P.S. case no. 38 of 2017 for the offences punishable under Sections 273 of Indian Penal Code and Section 30(A) of Bihar Prohibition Act.

From FIR, it appears that during regular checking of vehicle, auto bearing registration no. BR 11M-6166 was intercepted and during search, 11 bottles of Royal Stag of 75 ml was recovered from the auto. Petitioner is the driver of the said auto bearing registration no. BR 11M-6166. petitioner is in custody since 23.03.2017. In para 3 of the petition, petitioner has stated on affidavit that he has no criminal antecedent.

Patna High Court Cr.Misc. No.22417 of 2017 (2) dt.08-06-2017 2/2 In view of the fact that only 11 bottles was recovered from the auto of which the petitioner is driver and the petitioner has no criminal antecedent as stated in para 3 of petition, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge-cum-Special Judge (Excise), Purnea in Special case no. 84 of 2017 arising out of Dagarua P.S. case no. 38 of 2017 subject to the condition that petitioner will fully cooperate in the conclusion of trial and cannot in any manner influence the witnesses.

(Anil Kumar Upadhyay, J.) rinkee/- U T