Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9284 of 2019 Arising Out of PS. Case No.-541 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== SUDHIR KUMAR, age about 22 years(M), Son of- Shivji Rai Resident of village-Vishwanathpur, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dumra P.S. Case No. 541 of 2018 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 44.280 litres of illicit foreign liquor from an open field of one Kishori Rai and upon enquiry from the apprehended accused persons, it has transpired that the liquor was purchased from one Ravi Kumar and some cartons were also given to apprehended accused persons by the petitioner herein and one another co-accused person.
Patna High Court Cr.Misc. No.9284 of 2019(2) dt.18-02-2019 2/2 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case inasmuch as no recovery has been made from the conscious possession of the petitioner herein. It is submitted that the petitioner has a clean antecedent. Lastly, it is submitted that the petitioner is languishing in custody since 24.12.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. 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 Dumra P.S. Case No. 541 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T