Patna High CourtCR. MISC./21693/2019bail granted

Tinku Bind v. The State Of Bihar

2019-04-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21693 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- PATNA GRP CASE District- Patna ====================================================== TINKU BIND S/o Late Ashok Bind R/o village- Chobara, P.S.- Shekhpura, District- Shekhpura, At present residing at Mohalla- Lohanipur Railway Hanger Road, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Dubey For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Special Case No. 2036 of 2019, arising out of Patna Junction P.S. Case No. 71 of 2019 for offences punishable under Sections 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, as lodged by the rail police, is that the petitioner along with another co-accused was apprehended with the bag. On suspicion bag was searched and total 14.400 litres of Indian made foreign liquor was recovered from the petitioner and another co-accused. Accordingly, a seizure-list was prepared.

Patna High Court CR. MISC. No.21693 of 2019(2) dt.09-04-2019 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been sufficiently punished as he is languishing in judicial custody since 23.02.2019.

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

Considering the nature of offence and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Special Case No. 2036 of 2019, arising out of Patna Junction P.S. Case No. 71 of 2019.

(Nilu Agrawal, J) Rajesh/- U T