Patna High CourtCR. MISC./26333/2017bail granted

Chandra Kishore Kumar v. The State Of Bihar

2017-07-26Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26333 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBANKA ====================================================== Chandra Kishore Kumar Son of Kailas Rai @ Kailas Prasad, Resident of Village- Dulhar, Police Station- Asarganj, District- Munger, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.03.2017 in connection with Case No. C7-86 of 2017 registered for the offence punishable under Section 30(a) of the Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the excise official, is that petitioner was found to be carrying 8.625 litres of foreign liquor. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the said foreign liquor was found beneath the seat and not from the

Patna High Court Cr.Misc. No.26333 of 2017 (4) dt.26-07-2017 2/2 conscious possession of the petitioner. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Case No. C7-86 of 2017.

(Nilu Agrawal, J.) Arjun/- U T