Patna High CourtCR. MISC./7768/2019bail granted

Bechan Kumar v. The State Of Bihar

2019-02-11Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7768 of 2019 Arising Out of P.S. Case No.-327 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== BECHAN KUMAR, aged about 20 years, Gender-Male, Son of Rajeshwar Sah Resident of Village-Madhuban Bazar, P.S.-Bajpatti, District-Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Sursand P.S.Case No.327 of 2018 for the offence alleged under Section 414 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act,2016.

The prosecution case as lodged by the police personnel is that during checking of vehicle, the petitioner along with another co-accused were apprehended who were in a motorcycle. From the possession of the petitioner, 30.600 litres of Nepali Saufi wine was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent

Patna High Court Cr.Misc. No.7768 of 2019(6) dt.11-02-2019 2/2 and has been falsely implicated in the aforesaid case and the petitioner is languishing in judicial custody since 21.12.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sursand P.S.Case No.327 of 2018 to the satisfaction of learned Additional District Judge-II-Special Judge, Excise Act, Sitamarhi.

(Nilu Agrawal, J) B.Kr./- U T