Patna High CourtCR. MISC./7436/2019bail granted

Pravin Kumar @ Karu v. The State Of Bihar

2019-02-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7436 of 2019 Arising Out of PS. Case No.-826 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== PRAVIN KUMAR @ KARU Son of Vinay Kumar R/o Mohalla- Post office Road, P.S- Khagaria, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 22.11.2018 in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the bush behind the house of the petitioner, 14.400 litres Officer's Choice whiskey were recovered when the petitioner was caught while fleeing from the place of seizure.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner. Though the petitioner is accused in two other cases but none of those cases are under the the Bihar Prohibition and Excise Act, 2016.

Patna High Court Cr.Misc. No.7436 of 2019(2) dt.08-02-2019 2/2 Learned APP submits that the petitioner was apprehended while fleeing away from the place of recovery. Considering the fact that the recovery has not been made from the conscious physical possession of the petitioner and the period under custody, let the petitioner above named 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 the learned I/C Special Judge, Excise, Khagaria in connection with Khagaria P.S. Case No. 826 of 2018. (Dinesh Kumar Singh, J) anil/- U