Patna High CourtCR. MISC./20901/2019bail granted

Sujeet Kumar v. The State Of Bihar

2019-04-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20901 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== Sujeet Kumar, Son of Kapil Prasad @ Kapil Yadav, R/o MohallaBhoothNath, P.S.- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.02.2019 in a case registered for the offences punishable under Sections 272, 273 and 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as per the written report of A.S.I. Upendra Kumar Jaiswal submitted to the Station House Officer of Agamkuan Police Station, is to the effect that on 03.02.2019 during patrolling, a secret information was received that the illicit liquor has been kept in a hutment, consequently, raid was laid and from the hutment, 18 litres of Indian Made Foreign Liquor were recovered and two persons were apprehended, who disclosed their name as Sujeet Kumar, the

Patna High Court CR. MISC. No.20901 of 2019(2) dt.04-04-2019 2/2 petitioner and co-accused Mukesh Kumar.

It is submitted by learned counsel for the petitioner that the hutment from which recovery has been made does not belong to the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the hutment from where petitioner was found fleeing away. Considering the suspicious nature of accusation and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 1369 of 2019, arising out of Agamkuan P.S. Case No. 126 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T