Patna High CourtCR. MISC./8035/2019bail granted

Binod Kumar v. The State Of Bihar

2019-02-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8035 of 2019 Arising Out of P.S. Case No.-33 Year-2019 Thana- MANER District- Patna ====================================================== BINOD KUMAR, aged about 22 years (Male) Son of Satyanand Rai Resident of Lodipur,P.S.- Maner, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 13.01.2019 in connection with Special Case No.500 of 2019 arising out of Maner P.S.Case No.33 of 2019 for the offence alleged under Section 30(a) of the Bihar Madhya Nishedh and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that some persons are trading in wine, the police conducted a raid and apprehended three persons including the petitioner. From the possession of the petitioner in a plastic gallon 40 litres of Mahua wine was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.8035 of 2019(2) dt.13-02-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. However, learned APP for the State opposes the prayer for bail.

Having considered the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on completion of three months in custody on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.500 of 2019 arising out of Maner P.S.Case No.33 of 2019 to the satisfaction learned Special Judge Excise Act, Patna, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

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