Patna High CourtCR. MISC./6330/2019bail granted

Bipul Kumar v. The State Of Bihar

2019-02-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6330 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== BIPUL KUMAR, aged about 19 years, Male, Son of Nabalak Ray, Resident of Village - Rampur, P.S.-Raghopur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr .J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise, Act, 2016.

It is alleged that on a secret informant received by the informant that smuggling of illicit liquor is going on, a raid was laid and the petitioner was found crossing the bridge with a plastic bag on his head. On frisking, 17.640 litres of foreign liquor were recovered from that bag.

It is submitted by learned counsel for the petitioner that in fact the petitioner has falsely been framed in the present

Patna High Court Cr.Misc. No.6330 of 2019(2) dt.05-02-2019 2/2 case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, period in custody, coupled with 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 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.12184 of 2018, arising out of Nadi P.R. Police Station Case No.211 of 2018.

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