Patna High CourtCR. MISC./16808/2019bail granted

Shahil Kumar @ Sahil Kumar v. The State Of Bihar

2019-03-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16808 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== Shahil Kumar @ Sahil Kumar, Son of Siddh Nath Choudhary Resident of Village - Damariya, Police Station - Gardanibagh and District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 07.02.2019 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 a locked room of the petitioner, 75.75 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house of the petitioner and admittedly, the petitioner was not present when recovery was made. Moreover, the seizure list does not bear the signature of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court CR. MISC. No.16808 of 2019(2) dt.27-03-2019 2/2 any criminal antecedent.

Learned APP submits that recovery has been made from the house of the petitioner.

Considering the period under custody, coupled with the statement made in paragraph no.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 bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 1352 of 2019, arising out of Gardanibagh P.S. Case No. 83 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T