Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12819 of 2019 Arising Out of PS. Case No.-494 Year-2018 Thana- TRIVENIGANJ District- Supaul * ====================================================== BIKASH KUMAR Son of Singheshwar Sah, R/o village- Mirjawa, Ward no. 13, P.S- Triveniganj, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with S.T. (Excise) Case No. 1 of 2019, arising out of Triveniganj P.S. Case No. 494 of 2018 for the offences punishable under Section 30(A) of the Bihar Prohibition of Liquor and Excise Act, 2016. The allegation is regarding recovery of about 81 liters of illicit foreign liquor from a Tata Pick-up van belonging to the father of the petitioner. Further recovery of about 1063.7 liters of illicit liquor is said to have been made from the house of the petitioner.

The learned counsel for the petitioner submits that the father of the petitioner has already been granted bail by this Court vide order dated 5.2.2019 passed in Cr. Misc. No. 6395 of

Patna High Court CR. MISC. No.12819 of 2019(2) dt.01-03-2019 2/2 2019. It is further submitted that as far as the petitioner is concerned, he was apprehended from the house belonging to his father, hence, if at all any one was responsible for the illicit liquor, it is the father of the petitioner, who has already been granted bail. It is further submitted that the petitioner is languishing in custody since 01.01.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II cum Special Judge Excise, Supaul in connection with S.T. (Excise) Case No. 01 of 2019, arising out of Triveniganj P.S. Case No. 494 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T