Patna High CourtCR. MISC./72586/2018bail granted

Suraj Kumar v. The State Of Bihar

2018-12-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72586 of 2018 Arising Out of PS. Case No.-760 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Suraj Kumar, son of Vishnudev Yadav @ Vishundev Yadav, r/o villagePithahi, Ward No.10, P.S.+District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Excise Case No.1164 of 2018 arising out of Madhepura P.S. Case No.760 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that Petitioner is in custody since 18.09.2018 having clean antecedents. From the seizure list, it appears that 84 bottles Royal Stag each of 750 ML, 72 bottles Royal Stag each of 750 ML, 432 bottles of Royal Stag each of 375 ML and other foreign liquor, as mentioned in the seizure list, total 1329 bottles have been recovered from the house of the petitioner. It has been submitted that recovery has not been made

Patna High Court Cr.Misc. No.72586 of 2018(2) dt.06-12-2018 2/2 from conscious possession of the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ II cum Special Judge, Excise Act, Madhepura, in connection with Excise Case No.1164 of 2018 arising out of Madhepura P.S. Case No.760 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T