Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32894 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Pritam Kumar Son of Bhupendra Mandal, Resident of VillageMadhopur, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.04.2016 in connection with Nathnagar P.S. Case No. 126 of 2016 for the offences alleged under Section 47 of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and in any event it is submitted that mere possession of the foreign liquor does not constitute an offence under Section 47 Bihar Excise (Amendment) Act, 2016. Similarly situated co-accused Rajiv Ranjan and Sukhdeo Mandal have been granted bail by this Court in Criminal Miscellaneous No. 23569 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 126 of 2016.

(Vikash Jain, J) Md. Ibrarul/BT U T