Patna High CourtCR. MISC./59293/2017bail granted

Sitanshu Kumar v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59293 of 2017 Arising Out of PS.Case No. -457 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Sitanshu Kumar Son of Ashok singh Resident of village- Dehri Diliyan, Police Station- Dehri, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Mithilesh Kumar Khare,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Sherghati (Dobhi) P.S.Case No.457 of 2017 instituted for the offence under Section 414 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act,2016. The allegation is regarding recovery of 300 litres of illicit foreign wine from the Bolero vehicle which was being driven by the petitioner.

The learned counsel for the petitioner submits that the petitioner has no complicity in the matter and he is not the owner of the said vehicle. However, merely on the basis of the fact that the petitioner was driving the Bolero vehicle, he had been booked in the present case.

Patna High Court Cr.Misc. No.59293 of 2017 (2) dt.22-12-2017 2/2 It is further submitted that the petitioner has a clean antecedent and he is in custody since 20.08.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner, named above, to be released on regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Gaya, in Sherghati (Dobhi) P.S. Case No.457 of 2017.

(Mohit Kumar Shah, J) AnilKrSinha/- U