Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76009 of 2018 Arising Out of PS. Case No.-291 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Upendra Kumar, Son of Audhesh Yadav @ Avadhesh Chaudhary, Resident of Village- Harkhauli Mauja Ward No- 12, P.S. Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 In compliance of the order dated 22.02.2019, Vijay Kumar Singh, Inspector, Legal Cell is present. It is submitted by Mr. Panchanand Pandit, learned APP that the case diary has already been received and explanation on affidavit has also been filed. In the circumstances, personal appearance of Vijay Kumar Singh, Inspector, Legal Cell is dispensed with. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the written report of

Patna High Court CR. MISC. No.76009 of 2018(5) dt.29-03-2019 2/3 Munna Kumar, A.S.I. of Mirganj Police Station dated 19.10.2018 submitted to the Station House Officer of Mirganj Police Station, is to the effect that on the same day during patrolling he received a secret informant that a person is carrying illicit liquor on a Scooty, whereupon the informant along with the other police personnel conducted a vehicle checking and on seeing the police party, one person managed to escape from the place, leaving beind the Scooty. From the Scooty in a bag, 23.550 litres of illicit country made liquor were recovered when the local persons suggested the name of the petitioner as driver of the Scooty, who fled away from the scene.

It is submitted by learned counsel for the petitioner that the Scooty is not registered in the name of the petitioner and only on on the basis of suspicion, the petitioner has been roped in the present case. Though, the petitioner is accused in another case of similar nature but he is on bail in that case. Learned APP after going through the case diary submits that the Scooty is registered in the name of one Hemlata Srivastava, daughter of Alok Raj and the case diary has been recorded up to 30.12.2018 wherein no witness has suggested that the petitioner was driving the Scooty in question.

Patna High Court CR. MISC. No.76009 of 2018(5) dt.29-03-2019 3/3 registered in the name of Hemlata Srivastava and no witness has come forward to suggest that the Scooty was being driven by the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cum- Special Judge, Gopalganj in connection with Mirganj P.S. Case No. 291 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T