Patna High CourtCR. MISC./14591/2019bail granted

Abhay 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.14591 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- PIPRA District- Patna ====================================================== Abhay Kumar, Son of Anil Yadav, Resident of Village - Sufiya, P.O.- Akauna, P.S.- Masauri, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== 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 05.02.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 40 litres of country made mahua liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner rather it has been made from a motorcycle. 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.14591 of 2019(2) dt.11-03-2019 2/2 Learned APP for the State submits that the recovery has been made from the motorcycle in possession of the petitioner.

Considering the quantity of recovery, 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 Pipra P.S. Case No.15 of 2019, Special Case No.1298 of 2019.

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