Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70222 of 2018 Arising Out of PS. Case No.-327 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Sunil Kumar, Son of Ramdahin Paswan, Resident of Village- Panchanpur (Labhra), Police Station- Tekari and District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

The petitioner seeks bail in Moffasil P.S. Case No. 327 of 2018, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 21.09.2018. From the tempo, the police are said to have recovered 60 litres of Mahua wine. The petitioner was there in the said tempo.

Learned counsel for the petitioner has submitted that he has no criminal antecedent and, as a matter of fact, he did not have any concern with the said tempo in which he was found sitting. He further submits that if the petitioner is again implicated in similar type of offence, the Court may consider

Patna High Court Cr.Misc. No.70222 of 2018(2) dt.04-12-2018 2/2 cancellation of his bail, if allowed in the present case. Considering the nature of accusation and the fact that the petitioner has no criminal antecedent, this application is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in Moffasil P.S. Case No 327 of 2018.

(Chakradhari Sharan Singh, J) HR/- U T