Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16296 of 2017 Arising Out of PS.Case No. -363 Year- 2016 Thana -GAYA RAIL P.S. District- GAYA ======================================================

1. Shiva Kumar Son of Nageshwar Paswan, Resident of VillageBelaganj, Near Kali Mandir, P.S. Belaganj, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 147 of the Railway Act. Eighty liters of country-made liquor was recovered from behind the seat of the petitioner in a train. Submission is that petitioner is in custody since 31.12.2016 and has stated on oath that he has got no criminal antecedent.

Considering the entire facts of this case, let petitioner, above named, be enlarged on bail on completion of six months of custody on furnishing bail bond of Rs.10,000/-(Ten Thousand)

Patna High Court Cr.Misc. No.16296 of 2017 (3) dt.15-05-2017 2/2 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Railway, Gaya/Successor Court, in connection with Gaya Rail P.S. Case No.363 of 2016, with condition that petitioner shall file undertaking at the time of furnishing of the bail-bond before the Court-below that he would not indulge himself in such activity otherwise the Court below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T