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Patna High CourtCR. MISC./37067/2018allowed

Sudhir Kumar v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37067 of 2018 Arising Out of PS.Case No. -223 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Sudhir Kumar, S/o Late Jagdish Rai, R/o Village- Dipau, P.S.- Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Excise Case No. 223 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged 80.28 litres of foreign liquor was recovered behind the house of the petitioner. He further submits that the petitioner has got no criminal antecedent. The petitioner is in custody since 12.05.2018.

Considering the fact that the petitioner has remained in custody for more than 1 1⁄2 months and he has no criminal antecedent and also the fact that nothing was recovered from the

Patna High Court Cr.Misc. No.37067 of 2018 (2) dt.28-06-2018 2/2 house and conscious possession of the petitioner, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge Cum Special Judge Excise, Motihari, East Champaran in connection with Excise Case No. 223 of 2018. (Anil Kumar Upadhyay, J) Uday/- U T