Pawan Kumar @ Pawan Kumar Gaurav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12006 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Pawan Kumar @ Pawan Kumar Gaurav, Son of Virendra Singh, Resident of Village- Kunj, P.S.- Roh, District- Nawada.

2.

Upendra Kumar, Son of Rajendra Yadav, Resident of Village- Bara Pandey, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 21.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the engine compartment of a Bolero vehicle belonging to petitioner no.1, Pawan Kumar, 34 litres of country made illicit liquor were recovered.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.12006 of 2019(2) dt.27-02-2019 2/2 that the petitioners wre not aware about the liquor being kept in the engine compartment of the vehicle in question. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP for the State submits that recovery has been made from the petitioners.

Considering the quantity of recovery and period under custody, coupled with the statement being made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners 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 A.D.J.-II-cum-Special Judge, Nawada, in connection with Govindpur P.S. Case No.243 of 2018.

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