Pintu Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17350 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- BALRAMPUR District- Katihar ====================================================== PINTU BHAGAT Son of Ramnath Bhagat Resident of Village- Harda Bazar, Police Station- Maranga, District- Purnea.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Prasad Sah For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 1.1.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case is that from the auto rickshaw, 52.68 litres of Indian Made Foreign Liquor was recovered in which the petitioner was found travelling.
It is submitted by learned counsel for the petitioner that the petitioner had no concern with the alleged autorickshaw and only on the basis of suspicion, the petitioner has been roped in the present case. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner was travelling in
Patna High Court CR. MISC. No. 17350 of 2019(2) dt.28-03-2019 2/2 the autorickshaw from which recovery of Indian Made Foreign Liquor was made.
Considering the nature of accusation, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, let the petitioner above named 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 the learned ADJ-II cumSpecial Judge, Excise Act, Katihar in connection with Balrampur P.S. Case No.190 of 2018.
(Dinesh Kumar Singh, J) anil/- U