Patna High CourtCR. MISC./5469/2019bail granted

Rakesh Sahni v. The State Of Bihar

2019-01-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5469 of 2019 Arising Out of PS. Case No.-1093 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Rakesh Sahni, aged about 30 years (M), Son of Mahesh Sahni, Resident of Mohalla - J. P. Chowk, Laxmisagar, P.S.-Sadar and District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.12.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that from the tea stall of the petitioner, 15 litres of illicit liquor were recovered. It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that recovery has been made from

Patna High Court Cr.Misc. No.5469 of 2019(2) dt.31-01-2019 2/2 the petitioner.

Considering the quantity of recovery and period under custody, 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 Addl. District and Sessions Judge-5th-cum-Special Judge (Excise Act), Darbhanga in connection with G.O. Case No. 1093 of 2018 arising out of P.R. No. 33 of 2018.

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