Patna High CourtCR. MISC./21806/2019bail granted

Rambabu Kumar v. The State Of Bihar

2019-04-10Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21806 of 2019 Arising Out of P.S. Case No.-111 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== RAMBABU KUMAR, aged about 19 years, Male Son of Bhagan Bind Resident of Village- Dadawa, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Excise Case No.111 of 2019 corresponding to P.R.No.22 of 2018-19 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the Excise Officials is that the motorcycle of the petitioner was intercepted and on search 8.280 liters of Indian Made Foreign Liquor was recovered. Petitioner was apprehended on the spot. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.21806 of 2019(2) dt.10-04-2019 2/2 has been falsely implicated in the aforesaid case. The petitioner is languishing in judicial custody since 16.02.2019, nothing has been recovered from the conscious possession of the petitioner and he has been sufficiently punished.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, the period of custody and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No.111 of 2019 corresponding to P.R.No.22 of 2018-19 to the satisfaction of learned Special Judge (Excise) Kaimur at Bhabua. (Nilu Agrawal, J) B.Kr./- U T