Raj Kapur Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73732 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== RAJ KAPUR KUSHWAHA S/o Rajeshwar Prasad Singh R/o village- Gariba Hona, P.S.- Kalyanpur, District- East Champaran at Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Jeet For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kalyanpur P.S. Case No. 154 of 2019 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 37(b)(c) of Bihar Prohibition and Excise Act.

As per FIR one four wheeler was intercepted by police and one and a half litres of liquor were recovered from the said vehicle and petitioner and other accused persons are named in the FIR and petitioner is alleged to have fled away from the place of occurrence.

Submission of learned counsel for the petitioner is that there is no source of identification mentioned in the FIR and he has no criminal antecedent and he has no concern with the vehicle or with the liquor.

Patna High Court CR. MISC. No.73732 of 2019(2) dt.25-11-2019 2/2 Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IX-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 154 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

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