Patna High CourtCR. MISC./16230/2019bail granted

Sutai Rai @ Sutai Rain v. The State Of Bihar

2019-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16230 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sutai Rai @ Sutai Rain, son of late Hanif Rain, Resident of VillageHanumannagar Goat, Ward No. 1, P.s.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.12.2018 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged that three persons including the petitioner were apprehended and from their possession, 72 litres of illicit Nepali 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 and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.16230 of 2019(2) dt.15-03-2019 2/2 Learned APP submits that the recovery has been made from the petitioner.

Considering the nature of recovery and the period under custody, coupled with the statement made in paragraph 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 Additional Sessions Judge II -cum- Special Judge (Excise Act), Sitamarhi in connection with G.O. Case No. 161 of 2018. (Dinesh Kumar Singh, J) DKS/- U T