Patna High CourtCR. MISC./2220/2019bail granted

Abodh Kumar v. The State Of Bihar

2019-01-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2220 of 2019 Arising Out of PS. Case No.-593 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Abodh Kumar, Son of Nirash Das, Age-21 years, Gender Male, Resident of Village -Matiyar Khurd, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Learned counsel for the petitioner is permitted to make correction in the petition.

Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.11.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that from the possession of the petitioner, 153 litres of Nepali liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery has not been made from the possession of the petitioner. A statement has been made in paragraph no.3 of the petition that

Patna High Court Cr.Misc. No.2220 of 2019(2) dt.17-01-2019 2/2 the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from the petitioner.

Considering the period under custody and the fact that prosecution report does not suggest the exact place of recovery, 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 A.D.J.-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with C2/593/2018.

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