Kamalkishore Rai @ Kamalkishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9435 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- JALALPUR District- Saran ====================================================== KAMALKISHORE RAI @ KAMALKISHORE Son of Bhineshwar Rai @ Bineshwar Roy Resident of Village-Goshana, P.S.- Masrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Jalalpur P.S. Case No. 238 of 2018 for the offence under section 272, 273, 420, 467, 468, 471 and 138/34 of the Indian Penal Code and Section 30/30(A)/41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

In the instant case total 5400 liters of spirit was seized from a pick up van.

Learned counsel for the petitioner submits that petitioner has no concern either with the spirit or the vehicle carrying the spirit.

Patna High Court Cr.Misc. No.9435 of 2019(2) dt.18-02-2019 2/2 Learned counsel submits that petitioner's car being driven by the petitioner was at a long distance of the vehicle carrying spirit and nothing was recovered from the possession of the petitioner.

The petitioner is in custody since 22.12.2018. Considering the fact that petitioner has no criminal antecedent, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ADJ-VI, Saran, in connection with Jalalpur P.S. Case No. 238 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T