Patna High CourtCR. MISC./10573/2020bail granted

Saurav Kumar v. The State Of Bihar

2020-03-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10573 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== SAURAV KUMAR Son of Late Uday Prasad Mehata @ Late Uday Mahtha Resident of Village-Malinagar Ward No.10, P.S.-Chakmehshi, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Samastipur Rail P.S. Case No. 216 of 2019, disclosing the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, from the Samastipur Railway Station, the Police recovered 21 litres of illicit liquor. Learned counsel for the petitioner has submitted that the petitioner was apprehended merely on suspicion because he was found fleeing from the place from where the recovery was made. He has further submitted that even according to the case

Patna High Court CR. MISC. No.10573 of 2020(3) dt.19-03-2020 2/2 of the prosecution, no incriminating material was recovered from his possession. It has been stated in paragraph-3 of the application that the petitioner has no criminal antecedent. He is in custody since 28.12.2019.

Considering the above submission and the facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds 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 Act, Samastipur, in connection with Samastipur Rail P.S. Case No. 216 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T