Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -DHARHARA District- MUNGER ======================================================

1. Anand Kumar, son of Satto Yadav @ Satyendra Yadav, Resident of Village- Phulka, Police Station- Dharhara (Jamalpur), District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dharhara P.S. Case No. 206 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 30 liters of illicit Mahua liquor from a tempo in which the petitioner is said to be a co-passenger.

The learned counsel for the petitioner submits that the petitioner is neither the driver nor the owner of the said tempo and he was merely travelling in the tempo. It is submitted that the petitioner has a clean antecedent and he is in custody since

Patna High Court Cr.Misc. No.31 of 2018 (2) dt.18-01-2018 2/2 04.11.2017.

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 petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Munger in connection with Dharhara P.S. Case No. 206 of 2017.

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