Patna High CourtCR. MISC./63092/2017bail granted

Kishan Kumar v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63092 of 2017 Arising Out of PS.Case No. -864 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Kishan Kumar, son of Binod Sah, resident of Village- Bhasar Goat, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 864 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 93 liters of illicit liquor from the petitioner's place including the flour mill of the father of the petitioner and the petitioner is said to have been apprehended from the place of occurrence.

The learned counsel for the petitioner submits that no recovery has been made from the person of the petitioner and he has a clean antecedent. It is submitted that the petitioner is in custody since 22.10.2017.

Patna High Court Cr.Misc. No.63092 of 2017 (2) dt.17-01-2018 2/2 Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioners above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 864 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T