Patna High CourtCR. MISC./17292/2019bail granted

Shakti 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.17292 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Shakti Kumar, Son of Ganga Prasad @ Ganga Lal Basak, R/o villageBambhola Chowk (Chaupal Basti), P.S.- Bahadurganj, District- Kishanganj 2.

Rizul, Son of Sarwan Prasad, R/o village- Bambhola Chowk (Chaupal Basti), P.S.- Bahadurganj, District- Kishanganj ... ... 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. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 04.02.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that the petitioners were apprehended carrying a bag, from which, 7.200 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.

Patna High Court CR. MISC. No.17292 of 2019(2) dt.27-03-2019 2/2 Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioners and they are named in the FIR.

Considering the quantity of recovery and period under custody, coupled with statement made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IInd-cumSpecial Judge (Excise), Kishanganj in connection with Kishanganj P.S. Case No.62 of 2019.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T