Patna High CourtCR. MISC./4225/2019bail granted

Manish Kumar Gond v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4225 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Manish Kumar Gond, Son of Binda Sah, aged about 20 years, Male, Resident of Village- Barwa Brit, Police Station- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.12.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the motorcycle driven by the petitioner, 56.160 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that the apprehended motorcycle is not registered in the name of the petitioner and it is an unbelievable fact that 56.160 litres foreign liquor can be carried on a motorcycle. A statement has been made in paragraph 3 of the petitioner that the petitioner is not having any criminal

Patna High Court Cr.Misc. No.4225 of 2019(2) dt.28-01-2019 2/2 antecedent.

Learned APP submits that the recovery has been made from the motorcycle of the petitioner.

Considering the fact that the FIR does not suggest that the petitioner is owner of the motorcycle, coupled with the statement made in paragraph 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 bond 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, Excise, Gopalganj in connection with Excise Case No. 294 of 2018.

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