Patna High CourtCR. MISC./8257/2019bail granted

Manoj Kumar Sah v. The State Of Bihar

2019-02-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8257 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Manoj Kumar Sah, aged about 24 years, Son of Indal Sah, Resident of Village- Sarvpallo, P.S.- Jaleshar, District- Mohtari (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 28.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the house of the petitioner, 21 litres of illicit liquor were recovered. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been framed in the present case. The said recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.8257 of 2019(2) dt.14-02-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, period under custody, coupled with the 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 A.D.J.-II-cum-Special Judge Excise Act, Sitamarhi in connection with G.O. Case No.164 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U Ts