Patna High CourtCR. MISC./10228/2019allowed

Pintu Kumar Prajapati @ Bhim Prajapati v. The State Of Bihar

2019-02-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10228 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== PINTU KUMAR PRAJAPATI @ BHIM PRAJAPATI Son of Lallu Prajapati Resident of village - Pipra, P.S. - Pipra, District - Palamu Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Muffasil PS Case No. 03 of 2019 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 and Section 120(B) of the Indian Penal Code.. It is alleged that total 331 liters of foreign liquor were recovered from a Bolero in the instant case. Learned counsel representing the petitioner submits that petitioner has no criminal antecedent and nothing was recovered from his conscious possession. Petitioner has no concern with the vehicle or the liquor seized therefrom. He further submits that petitioner is in custody since 07.01.2019.

Patna High Court Cr.Misc. No.10228 of 2019(2) dt.20-02-2019 2/2 Considering the fact that petitioner has no criminal antecedent, nothing was recovered from the conscious possession of the petitioner and he has remained in custody since 07.01.2019, this application is allowed. Accordingly, let the petitioner above named, 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 Addl. Sessions Judge IIcum- Special Judge (Excise), Aurangabad in connection with Muffasil PS Case No. 03 of 2019.

(Anil Kumar Upadhyay, J) mrl./- U T