Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7753 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== SOHAN KUMAR, aged about 20 years, (Male) son of Durga Bind, Resident of village-Sarangpur,P.S-Durgawati, Distt.-Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Excise Case No.1108 of 2018 arising out of Durgawati P.S.Case No.418 of 2018 for the offence alleged under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

The prosecution case as lodged by the police personnel is that during checking of vehicle, the petitioner along with another co-accused were apprehended who were in a motorcycle. From the possession of the petitioner, eight litres of country made wine was recovered. Accordingly a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.7753 of 2019(6) dt.11-02-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He further submits that one of co-accused has already been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.6369 of 2019 vide order dated 05.02.2019 and the petitioner is languishing in judicial custody since 29.12.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No.1108 of 2018 arising out of Durgawati P.S.Case No.418 of 2018 to the satisfaction of learned Special Judge Excise Act, Kaimur at Bhabua. (Nilu Agrawal, J) B.Kr./- U T