Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7700 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== Suman Kumar, aged about 25 years (Male), Son of Devendra Prasad, Resident of Village - Ghoshi, P.S.- Ghoshi, District- Jehanabad. At present Hanuman Nagar, LIG 4/28, P.S. Patrakar Nagar, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.01.2019 in a case registered for the offences punishable under Sections 30(a) (b), 37(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the house of the petitioner, 15.350 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that there is inconsistency between the alleged recovery made case and the seizure list prepared for the said recovery as the seizure list suggests that the recovery has been made from behind the Hanuman Nagar Temple, hence, the recovery cannot be treated from the house of the petitioner.

Patna High Court Cr.Misc. No.7700 of 2019(2) dt.11-02-2019 2/2 A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the house of the petitioner.

Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 194 of 2019, arising out of Patrakar Nagar P.S. Case No. 07 of 2019.

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