Sikandar Kumar @ Sikendar Kumar @ Sikandar Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21688 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== SIKANDAR KUMAR @ SIKENDAR KUMAR @ SIKANDAR KUMAR SHARMA Son of Late Hari Ballav Singh, Resident of Village- Fulpur, P.S.- Puraini, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhanshu Shekhar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 12.01.2019 in connection with Kishanganj P.S. Case No. 27 of 2019 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that during vehicle checking the petitioner was apprehended with 17.250 litres of illicit liquor, who tried to flee away, but was apprehended. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court CR. MISC. No.21688 of 2019(2) dt.09-04-2019 2/2 been sufficiently punished as he is languishing in judicial custody for about three months.
However, learned APP for the State opposes the prayer for bail.
Considering the nature of offence and the period of custody as well as the fact that petitioner does not bear a criminal antecedent, as stated in paragraph 3 of this application, let petitioner, above named, 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 Addl. Sessions Judge-II cum Special Judge, Kishanganj, in connection with Kishanganj P.S. Case No. 27 of 2019.
(Nilu Agrawal, J) Rajesh/- U T