Patna High CourtCR. MISC./11993/2019bail granted

Vijay Kumar v. The State Of Bihar

2019-02-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11993 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- KHAGARIA GRP CASE DistrictKhagaria ====================================================== Vijay Kumar, aged about 20 years, Male, Son of Raj Kumar Verma, Resident of Village-Parmanpur, Hardaschak, Ward no. 1, P.S.- Muffasil, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.12.2018 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution is that the petitioner was apprehended from the Railway Platform of Khagaria Railway Station, and from his possession, 21 litres 750 ml of Indian Made foreign illicit liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.11993 of 2019(2) dt.27-02-2019 2/2 Learned APP for the State submits that recovery has been made from the conscious physical possession of the petitioner.

Considering the period under custody, coupled with statement made in paragraph no. 3 of the petition 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 ADJ-II, Khagaria-cumSpecial Judge, Excise Act, Khagaria in connection with Khagaria P.S. Case No.81 of 2018.

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