Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27297 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Basant Kumar, son of Late Keshav Prasad, resident of Village- Mathuri, P.S.- Dalmianagar, District- Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Rajesh Kumar Singh For the Opposite Party : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. Petitioner is accused in Dehri (Town) P.S. Case No. 195 of 2017 registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a), 34(a), 38(a), 41(a) of Bihar Excise Amendment Act, 2016.

Petitioner is in custody since 26.03.2017. Counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner rather the country made illegal wine was recovered from a bag lying in front of Shiv Temple.

Having regard to the fact that there is statement on affidavit in paragraph no. 3 that petitioner has no criminal

Patna High Court Cr.Misc. No.27297 of 2017 (2) dt.01-07-2017 2/2 antecedent and the fact that he is in custody since 26.03.2017, I am inclined to enlarge the petitioner, above named, 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 Additional Sessions Judge-II cum Special Court, Excise, Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 195 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) SHAHZAD/- U T