Bantee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7997 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Bantee Kumar, aged about 23 years(Male), Son of Kailash Mandal, Resident at Lattipur, P.S.-Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Thakur For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== 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 23.11.2018 in a case registered for the offences punishable under Sections 30(a), 38(I) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the Maruti Alto car, 36 litres of illicit foreign liquor were recovered and the petitioner was apprehended and he confessed that the illicit liquor belongs to the co-accused, Deepak Mandal and Arun Mandal.

It is submitted by learned counsel for the petitioner that the recovery has been made from the car which is found to be registered in the name of the father of the petitioner. A

Patna High Court Cr.Misc. No.7997 of 2019(2) dt.14-02-2019 2/2 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 petitioner was driving the car from which the illicit liquor were recovered. Considering the quantity of recovery and period under 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-cum-ADJ-IInd, Bhagalpur in connection with Dholbajja (Kadwa), P.S. Case No. 71 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T