Prabha Shankar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14438 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== PRABHA SHANKAR TIWARI, S/o Swami Dayal Tiwari, Resident of Mohalla-551K/252 Bhilawan, P.S.-Alam Bagh, District- Luknow (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in LNMU P.S. Case No.166 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

As per written report 96 litres foreign liquor has been recovered from the truck, which was found in abandoned condition. Petitioner has been made accused in this case because he is owner of the said truck.

Counsel for the petitioner submits that there is no recovery from conscious possession of the petitioner. Petitioner is in custody since 01.02.2019 having clean antecedents.

Patna High Court CR. MISC. No.14438 of 2019(2) dt.08-03-2019 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge V cum Special Judge, Excise, Darbhanga, in connection with LNMU P.S. Case No.166 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T