Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3894 of 2019 Arising Out of PS. Case No.-587 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Sudhir Kumar Son of Rajender Sahani resident of village Salempur PS Lalganj District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Saraiya PS case No. 587 of 2018 for the alleged offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

In the instant case, total 120 liters of country made liquor was recovered from Maruti 800 bearing Registration No. BR-05-7210. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and seizure was not made in accordance with law. He further submits that petitioner has no criminal antecedent. He is

Patna High Court Cr.Misc. No.3894 of 2019(2) dt.25-01-2019 2/2 in custody since 06.12.2018.

Considering the fact that petitioner has no criminal antecedent and he is in custody since 06.12.2018, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Saraiya PS Case No. 587 of 2018.

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