Roushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7699 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== Roushan Kumar, aged about 50 years, Male, Son of Guna Saw, Resident of Village- Bhuski, Ward No.- 7, Chak Hussain, P.S.- Khusrupur, District- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Singh For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== 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 03.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioner, 26.210 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. It is further submitted that though, the petitioner is also accused in three other cases registered under Bihar Prohibition and Excise Act, but he is on bail in all those cases. Learned APP submits that the recovery has been
Patna High Court Cr.Misc. No.7699 of 2019(2) dt.11-02-2019 2/2 made from the house of the petitioner.
Considering the fact that the recovery being made from the joint family house, quantity of recovery and the period under custody, 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, Patna in connection with Special Case No. 129 of 2019, arising out of Khusrupur P.S. Case No. 01 of 2019.
Since the petitioner is having serious criminal antecedent, the learned Court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in similar nature of offence.
(Dinesh Kumar Singh, J) DKS/- U T