Patna High CourtCR. MISC./67353/2018bail granted

Amit Kumar v. The State Of Bihar

2018-11-27Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67353 of 2018 Arising Out of PS. Case No.-331 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Amit Kumar Son of Rajeshwar Yadav Resident of Village- Magadh Ke Tola, P.S.Udawant Nagar, District- Bhojour, Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Udawant Nagar P.S. Case No. 331 of 2018, Excise Case No. 1417 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition Excise Act.

Informant has alleged recovery of total 80 liters of country made wine from the two motorcycle which was driven by the petitioner and one other co-accused.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from

Patna High Court Cr.Misc. No.67353 of 2018(2) dt.27-11-2018 2/2 his possession. It has been further submitted that similarly placed co-accused has been granted bail by another co-ordinate Bench of this Court in Cr. Misc. No. 64666 of 2018 vide order dated 26.10.2018. He has no criminal antecedent and he is in custody since 06.09.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon 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, Bhojpur at Ara, in connection with Udawant Nagar P.S. Case No. 331 of 2018 (Excise Case No. 1417 of 2018).

(S. Kumar, J) Rajiv/ManojU T