Patna High CourtCR. MISC./13390/2019bail granted

Munna Chaudhary v. The State Of Bihar

2019-03-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13390 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MUNNA CHAUDHARY, Son of Shravan Chaudhary, Resident of Village - Abbu Mahmadpur, PS- Bakhtiyarpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 30.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the bag being carried by the petitioner, 16.20 litres of Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical

Patna High Court CR. MISC. No.13390 of 2019(2) dt.07-03-2019 2/2 possession of the petitioner and only on suspicion the petitioner has been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery and period under custody, coupled with the 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 Special Case No.12342 of 2018 arising out of Bypass P.R. Case No.152 of 2018.

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