Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2386 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Vikash Kumar, Late Ram Pravesh Rai, Resident of Village - Suro, P.S. - Bachhwara, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.10.2018 in a case registered for the offences punishable under Sections 30 and 32 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that 8.640 liters of country made liquor was recovered from the banana orchard of the petitioner.

It is submitted by learned counsel for the petitioner that the alleged recovery was made from an open area behind the house of the petitioner, so the recovery could not be treated as recovery from the conscious possession of the petitioner. It is further submitted that apart from the present case, the petitioner was indulged in one other case being

Patna High Court Cr.Misc. No.2386 of 2019(2) dt.21-01-2019 2/2 Bachhwara P.S. Case No. 130 of 2017 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, in which he is on bail.

It is submitted by the learned APP for the State that the recovery has been made from the petitioner. Considering the quantity of recovery and period of custody, 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 the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Bachhwara P.S. Case No.117 of 2018.

Deepak/Rahul/- (Dinesh Kumar Singh, J) U T