Patna High CourtCR. MISC./14335/2019bail granted

Pintu Kumar v. The State Of Bihar

2019-03-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14335 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Pintu Kumar, s/o Shatrodhan Rai, Resident of Village- Rustampur, P.SRaghopur, Dist-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Singh For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.01.2019 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 motorcycle on which the petitioner and co-accused, Shambhu Kumar were found travelling, 11.085 litres of illicit Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.14335 of 2019(2) dt.08-03-2019 2/2 that the petitioner was simply a pillion rider and he was not aware about the illicit liquor kept on the alleged motorcycle. It is further submitted that the petitioner is neither the owner of the vehicle in question nor has he any concern with the alleged recovery. 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 the recovery has been made from the motorcycle on which the petitioner was found travelling.

Considering the quantity of recovery and period under custody, coupled with the fact 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 Special Judge, Excise, Patna in connection with Special Case No.803 of 2019, arising out of Nadi P.R. P.S. Case No.145 of 2019.

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