Patna High CourtCR. MISC./39742/2018allowed

Mahadev Barman v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39742 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- GARMDAGA District- Kishanganj ====================================================== Mahadev Barman S/o Sukumar Barman, R/o Vill.- Takimari Asharam Para Ward No. 16, P.S.- Siliguri, Distt.- Darjeeling (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amal Kumar Sinha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 14.05.2018 in connection with Special Case No. 138 of 2018 arising out of Garbandanga P.S. Case No. 28 of 2018 registered for the offence punishable under Section 30 (a), of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that petitioner is in custody in connection with seizure of 811 liters of foreign liquor. Counsel for the petitioner submits that the liquor was seized from the Tata 407 vehicle. He submits that petitioner is neither owner nor driver of the said vehicle. He submits that petitioner is a

Patna High Court Cr.Misc. No.39742 of 2018(2) dt.09-07-2018 2/2 vegetable vendor and he has no concern with the seized liquor, he is not involved in the business of liquor. Petitioner is in custody in this case since 14.5.2018.

Considering the fact that petitioner has no criminal antecedent has remained in custody in this case for more than 1 1⁄2 months, let the petitioner named above is directed to be released on bail after 14.7.2018 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional District & Sessions Judge II-cum- Special Judge, Excise Act, Kishanganj in connection with Special Case No. 138 of 2018 arising out of Garbandanga P.S. Case No. 28 of 2018. (Anil Kumar Upadhyay, J) banti/-T.Kr.

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