Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53726 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Deepak Kumar, son of Shri Binod Kumar Yadav, resident of Sigiawan, Ward No.03, P.S.- Kishanpur, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Bihari Sinha, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and 47(a) of the Bihar Excise (Amendment) Act, 2016.

Allegation in brief is that the petitioner was travelling in train and was sitting on upper berth in a general bogy and a bag was also kept there and police seized the bag and on search, recovered five bottles of liquor each containing 750 ml. wine. Learned counsel for the petitioner submits that the socalled bag was not of the petitioner it was general bogy and the bag was kept by one stranger co-passenger and the petitioner has been in custody since 28.9.2016 and has got no any criminal antecedent.

Patna High Court Cr.Misc. No.53726 of 2016 (2) dt.14-12-2016 2/2 Considering the submission that the so-called bag was not in conscious possession of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 4th, Khagaria in connection with Saharsa Rail P.S. Case No.16 of 2016 GR ® No.86 of 2016, Session Case No.340 of 2016..

(Arun Kumar, J) N.H./- U T