Brij Kishor Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59936 of 2018 Arising out of PS. Case No.-239 Year-2018 ThanaKUCHAIKOTE District- Gopalganj =============================================== Brij Kishor Dubey, Son of Late Bishudha Nand Dubey, Resident of Village- Bhadawara, Mohammadpur, P.S.- Mufasil Siwan, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shafiur Rahman, Advocate For the Opposite Party/s: Mr. Parmanand Kumar, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Section 30(a)(b)(c), 38 and 41 (a) (b) of Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 20.7 litres of foreign liquor was recovered from the Scorpio vehicle which was being boarded by three persons including the petitioner. It is contended that the petitioner has no concern with the alleged illicit liquor. It is further contended that nothing has been recovered from the conscious possession of the petitioner. It is

Patna High Court Cr.Misc. No.59936 of 2018(2) dt.06-10-2018 2/2 contended that the petitioner has no criminal antecedent. It is urged that the petitioner is in custody since 04.08.2018. Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-II-cumSpecial Judge, Excise Act, Gopalganj in connection with Kuchaikote P.S. Case No. 239 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Vikash/- U T