Bum Bum Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61695 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -KURSAILA District- KATIHAR ======================================================

1. Bum Bum Kumar son of Prakash Sah, resident of Village- Maheshpur Devipur Kothi, Police Station- Kursela, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.

The petitioner seeks bail in Kursela Case No.77/2018 registered under Sections 272/273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. About 80 litres of toddy was recovered from a auto rickshaw bearing registration no.BR11T3776. The petitioner has been made accused on the allegation that the petitioner is driver of the said auto rickshaw.

Learned counsel for the petitioner submits that the petitioner was not present on the auto rickshaw. Some passengers kept 80 litres of toddy in two plastic jerkin but the petitioner has been made accused in this case. The petitioner is in jail since 01.09.2018.

Patna High Court Cr.Misc. No.61695 of 2018 (2) dt.08-10-2018 2/2 Considering the aforesaid fact and the nature of allegation made against the petitioner, the petitioner above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Katihar, in connection with Kursela Case No.77/2018.

(Prabhat Kumar Jha, J) Amit/- U T