Patna High CourtCR. MISC./15386/2019bail granted

Bittu Kumar v. The State Of Bihar

2019-03-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15386 of 2019 Arising Out of PS. Case No.-413 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Bittu Kumar, Son of Arun Chandra Banshi Resident of Village - Nababganj, P.S.- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Bijpuria For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 07.12.2018 in connection with Malsalami P.S. Case No.413 of 2018 registered for the offences punishable under Sections 30(a), (b) and (c) of Bihar Prohibition and Excise Act, 2016. Prosecution case as per the FIR is that the three persons including the petitioner were apprehended while consuming illicit liquor and from their joint possession near the embankment of river, 88 litres of illicit country made 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. It is further submitted that the

Patna High Court CR. MISC. No.15386 of 2019(2) dt.13-03-2019 2/2 petitioner is not having any criminal antecedent. Statement to that effect has been made in paragraph no.2 of the bail application.

Considering the fact that recovery has been made from the embankment of the river, however, prosecution treated the alleged recovery from joint possession of the three persons coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged 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 Malsalami P.S. Case No.413 of 2018, Special Case No.11628 of 2018.

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