Upendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13215 of 2022 Arising Out of PS. Case No.-336 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== UPENDRA DAS S/o Anirudh Das R/o village- Jainagar Ward No. 13, P.S.- Jainagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 414 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.

27 liters of Nepali Saufi Wine has been recovered from the Rickshaw of petitioner and petitioner was apprehended on spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner and he has been made accused only on suspicion. Petitioner claims clean antecedent and he is in custody since 14.12.2021. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.13215 of 2022(2) dt.06-05-2022 2/2 Considering the quantity of recovery, clean antecedent and period of custody, the bail petition of petitioner is allowed. 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 Addl. Sessions Judge II cum Special Judge, Excise Act, Madhubani in connection with Jainagar P.S. Case No. 336 of 2021, corresponding to G.R. No. 2403 of 2021.

(Prabhat Kumar Singh, J) anay/- U T