Patna High CourtCR. MISC./23917/2017bail granted

Aditya Anand @ Mithu Kumar v. The State Of Bihar

2017-06-14Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23917 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Aditya Anand @ Mithu Kumar, son of Late Madnesh Prasad Yadav, resident of Shama Chouk-Driver Tola, Rambag, Police Station- Sadar, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Baisi P.S. Case No.30 of 2017 and Special Excise Case No.67 of 2017 registered under Section 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise act, 2016. Allegation in brief is that police, on search of a bus, recovered approximately 34 litres of foreign liquors kept in plastic bags under the seat, on which, three accused persons were sitting and travelling.

Learned counsel appearing on behalf of the petitioner submits that the petitioner boarded the bus without any article, who had no knowledge what was kept under the seat. The recovery is not from conscious possession of the petitioner and

Patna High Court Cr.Misc. No.23917 of 2017 (2) dt.14-06-2017 2/2 similarly situated two co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 10.5.2017 and 17.5.2017 passed in Cr. Misc. Nos.21257 of 2017 and 21702 of 2017.

Having considered the said facts and circumstances, the petitioner, namely, Aditya Anand @ Mithu Kumar is directed to 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 Additional Sessions Judge-Cum-Special Judge (Excise Act), Purnea in connection with Baisi P.S. Case No.30 of 2017 (Special Excise Case No.67 of 2017).

(Arun Kumar, J) N.H./- U T