Patna High CourtCR. MISC./6195/2020allowed

Divyanshu Kumar @ Raja v. The State Of Bihar

2020-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6195 of 2020 Arising Out of PS. Case No.-421 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Divyanshu Kumar @ Raja Son of Chunchun Singh @ Chunchun Kumar Singh (Due to slip of pen, in formal FIR it has been wrongly typed as Chumchum Singh). Resident of Village-Sahit, P.S.- Vidyapati Nagar, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Dalsinghsarai P.S. Case No. 421 of 2017, for the offence under Sections 30(a) 38(1), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

It appears that the petitioner is involved in similar circumstanced five cases as stated in paragraph 3 of the petition. Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner and he is in custody since 16.12.2019. He further submits that in the instant case total 43.140 litres of foreign liquor was seized.

Patna High Court CR. MISC. No.6195 of 2020(2) dt.03-02-2020 2/2 Considering the aforesaid background, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-2nd-cum-Special Judge, Excise Samastipur in connection with Dalsinghsarai P.S. Case No. 421 of 2017. In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case.

(Anil Kumar Upadhyay, J) BT/- U T