Sadanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19659 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- HISUWA District- Nawada ====================================================== Sadanand Kumar Son of Kailash Prasad @ Kailash Agarwal Resident of Village - Wajirganj, P.S.- Wajirganj, Distt.- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hisua P.S. Case No. 60 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner. He is a daily wages labourer. At the bus stand, Hisua, he was asked by one unknown person to unload the plastic bag from the roof of the bus and while he was engaged for the said purpose, the police arrived and the petitioner was apprehended without knowing the fact. He contended that the petitioner has got no criminal antecedent and is in custody since 01.03.2020 for no fault on his part.

Patna High Court CR. MISC. No.19659 of 2020(2) dt.03-07-2020 2/2 On the other hand, learned counsel appearing for the State submitted that when the informant and other officers proceeded at the place of occurrence and saw that one person was unloading plastic bag from the roof of the bus, the petitioner was arrested and 66 litres English wine was seized from the roof of the bus.

Considering the nature of the offence, accusation made against the petitioner, the defence taken by him, the period undergone in custody as an under-trial prisoner and the fact that the investigation of the case is completed, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd,-cumSpecial Judge, Excise Act, Nawada in connection with Hisua P.S. Case No. 60 of 2020.

(Ashwani Kumar Singh, J) Pradeep/- U T