Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6628 of 2019 Arising Out of PS. Case No.-459 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Chandan Kumar, aged about 20 years, (M), Son of Jagdev Saw @ Jagdesh Sao, Resident of Village-Gulni, P.O.-Ishmailepur, P.S.- Gurua, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 16.12.2018 in a case registered for the offences punishable under Sections 30(a) and 56(b)of the Bihar Prohibition and Excise Act, 2016. From the motorcycle of the petitioner, 20 litres of country made liquor was recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against 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.6628 of 2019(2) dt.06-02-2019 2/2 the motorcycle of 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 Special Judge (Excise), Gaya in connection with Excise Case No. 459 of 2018.

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