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Patna High CourtCR. MISC./11539/2019allowed

Santosh Kumar v. The State Of Bihar

2019-02-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11539 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- DANIYAWAN District- Patna ====================================================== SANTOSH KUMAR, Son of Vijay Sao @ Vijay Rav @ Vijay Ram, Resident of Village - Chhiddi, P.S. Harnaut, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prasad, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 11572 of 2018, arising out of Daniyawan P.S. Case No. 165 of 2018 for the offence under Sections 30(a) and 38(ii)/37(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 02.11.2018. He further submits that in the instant case 15 litres of country made liquor was seized. He further submits that nothing was recovered from the conscious possession of the petitioner and only on the basis of suspicion he was made accused in the instant case. The petitioner is in custody since 07.12.2018.

Considering the fact that the petitioner has got no

Patna High Court CR. MISC. No.11539 of 2019(2) dt.26-02-2019 2/2 criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No. 11572 of 2018, arising out of Daniyawan P.S. Case No. 165 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T