Shivam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.21277 of 2017 (2) dt.11-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21277 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -KUMAULI District- SUPAUL ======================================================

1. Shivam Kumar Son of Shri Mahesh Thakur resident of Ward No. 6, Kunauli, P.S. +District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 18.01.2017 in connection with Kunauli P.S. Case No. 02 of 2017 registered under Sections 30(A) of the Bihar Prohibition of Liquor and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of 294 bottles of country made liquor, each containing 300 Ml., have been recovered from the alleged Tempo on which the petitioner was traveling as a passenger. Nothing has been recovered from the conscious possession of the petitioner. The petitioner, who is said to be an student of Class-X, is rotting in custody for the last three months. Considering the nature of accusation, let the petitioner,

Patna High Court Cr.Misc. No.21277 of 2017 (2) dt.11-05-2017 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Birpur, Supaul in connection with Kunauli P.S. Case No. 2 of 2017. (Arvind Srivastava, J) brajesh/- U T