Patna High CourtCR. MISC./9560/2019bail granted

Tantan Banzara v. The State Of Bihar

2019-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9560 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ====================================================== TANTAN BANZARA S/o Kailu Banzara @ Kelu Banzara Resident of Village- Bhawaniganj Dhansona, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 08.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016. It is alleged that from the possession of the petitioner, 10 litres of country made illicit liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case and the investigation has already been concluded. A 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 said recovery has been made from the possession of the petitioner.

Patna High Court Cr.Misc. No.9560 of 2019(2) dt.18-02-2019 2/2 Considering the quantity of recovery and the 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 Additional District and Sessions JudgeII-cum-Special Judge, Excise, Kishanganj in connection with Special Case No. 346 of 2018, arising out of Kochadhaman P.S. Case No. 231 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T