Patna High CourtCR. MISC./4119/2019bail granted

Naulesh Kumar v. The State Of Bihar

2019-01-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4119 of 2019 Arising Out of PS. Case No.-447 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Naulesh Kumar, aged about 35 years (M), Son of Late Ramji Singh, Resident of Village- Dariyapur, P.S.- Paliganj, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 07.12.2018 in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016 The prosecution case is to the effect that from a car, wherein the petitioner was found sitting, 27 litres of illicit foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the alleged car does not belong to the petitioner, a statement to that effect has been made in paragraph no.7 of the petition. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.4119 of 2019(2) dt.28-01-2019 2/2 Learned APP submits that recovery has been made from a car, in which the petitioner was found sitting. Considering the fact that neither the prosecution report nor the impugned order suggest that the alleged car belongs to the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise Case No. 447 of 2018.

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