Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10956 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== AVINASH KUMAR S/o Sri Syam Kishore Yadav @ Gopi Yadav @ Syam Kishore Yadav Resident of Village-Bhirkhi Navtolia, P.S.-Sadar, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2020 Heard both sides.

The petitioner seeks bail in C-1 Case No.9 of 2020 arising out of CIS No.09/2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant saw a vehicle coming from Dalkola but when the vehicle was signalled to stop, the person sitting in the vehicle starting fleeing away. One person was apprehended who disclosed his name as Avinash Kumar(the petitioner). 168 liters of different brands of whiskey was recovered from the car bearing registration No.BR-43Q-0108.

The learned counsel for the petitioner submits that driver of the vehicle managed to flee away. Petitioner was a passenger and he had no knowledge about the keeping of liquor

Patna High Court CR. MISC. No.10956 of 2020(2) dt.02-03-2020 2/2 in the dickey of the car. Petitioner is neither the owner of the vehicle nor the driver of the vehicle. Petitioner has got no criminal antecedent and he is in jail since 04.01.2020. Considering the facts aforesaid and the fact that petitioner has remained in jail for about two months without having any criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd -cum-Special Judge(Excise), Purnea in connection with C-1 Case No.9 of 2020 arising out of CIS No.09/2020. (Prabhat Kumar Jha, J) Saurabh/- U T