Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12399 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Kundan Kumar, Son of Late Kameshwar Singh, Resident of Village - Kanchanpur, P.S.- Deo, Distt - Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is languishing in custody since 21.01.2019 in connection with Barun P.S. Case No.18 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that during the raid, 117 litres of countrymade illicit liquor were recovered from the house of coaccused, Jitendra Kumar @ Sunil Kumar Singh. The petitioner and the co-accused were apprehended from the spot. It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner. Statement has been made in paragraph no.3 of the bail application that petitioner is not

Patna High Court CR. MISC. No.12399 of 2019(2) dt.05-03-2019 2/2 having any criminal antecedent.

Keeping in view the fact that the prosecution report does not suggest that the recovery has been made from the conscious physical possession of the petitioner coupled with the fact 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 the learned Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad in connection with Barun P.S. Case No.18 of 2019. (Dinesh Kumar Singh, J) sanjeev/- U T