Patna High CourtCR. MISC./14606/2019bail granted

Lallan Kumar v. The State Of Bihar

2019-03-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14606 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- PATNA RAIL P.S. District- Patna ====================================================== Lallan Kumar, Son of Bhola Ray, Resident of Village-Mirampur, Police Station-Raghopur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 20.12.2018 in a case registered for the offences punishable under Sections 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 20 litres of country made mahua liquor were recovered.

It is submitted by learned counsel for the petitioner that petitioner is not accused in any other case except the present one. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.14606 of 2019(2) dt.11-03-2019 2/2 Learned APP for the State submits that recovery has been made from the conscious physical possession of the petitioner.

Considering the quantity of recovery and period under custody, coupled with statement made in paragraph no. 3 of the petition 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 learned Special Judge, Excise, Patna in connection with Patna Junction Rail P.S. Case No.465 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T