Mahesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8723 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Mahesh Pandey, Age-22 years, Gender-Male, S/o Basisth Pandey, Resident of village-Maliwar, P.S-Bhansar, Distt.-Mahotari, Nepal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioner, 27 litres of illicit Nepali liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner is not having any criminal antecedent, statement to that effect has been made in paragraph 3 of the petition.

Learned APP submits that the recovery has been made from the possession of the petitioner.

Patna High Court Cr.Misc. No.8723 of 2019(2) dt.14-02-2019 2/2 Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph 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 Additional Sessions Judge II -cum- Special Judge, Excise Act, Sitamarhi in connection with G.O. No. 158 of 2018. (Dinesh Kumar Singh, J) DKS/- U T