Patna High CourtCR. MISC./7142/2018bail granted

Mithilesh Kumar Singh v. The State Of Bihar

2018-02-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7142 of 2018 Arising Out of PS.Case No. -390 Year- 2017 Thana -SABAUR District- BHAGALPUR ======================================================

1. Mithilesh Kumar Singh S/o Ashok Prasad Singh, R/o Village- Tetariya, P.S.- Sajour, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sabour (Goradih) P.S. Case No.390/2017 registered under Section 30(A) of Bihar Prohibition and Excise Amendment Act, 2016. 29.300 liters of foreign liquor is said to have been recovered from the motorcycle. The petitioner was apprehended by the police, while another co-accused namely Ashish Kumar managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather from the motorcycle of co-accused Ashish Kumar. The petitioner happens to be the pillion

Patna High Court Cr.Misc. No.7142 of 2018 (2) dt.12-02-2018 2/2 rider of the said motorcycle and was sitting on it taking lift from the driver. The petitioner has got no criminal antecedent. He has been languishing in custody since 01.01.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No.390/2017. (Prakash Chandra Jaiswal, J) Amit/- U T