Patna High CourtCR. MISC./23115/2019allowed

Chandramohan Kumar v. The State Of Bihar

2019-04-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23115 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== CHANDRAMOHAN KUMAR Son of Sri Ram Singh Resident of VillageSanhauli, P.S-Pupri, District-Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Benipatti P.S. Case No. 18 of 2019 for the offence under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case total 987 liters liquor was seized. Learned counsel for the petitioner next contended that the alleged recovered was made from the hutment of co-accused Babloo Sonar and no recovery has been made either from the conscious possession of the petitioner or from his house. He submits that petitioner is in custody since 30.01.2019.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.23115 of 2019(2) dt.10-04-2019 2/2 antecedent and the alleged recovered was made from the hutment of co-accused Babloo Sonar not from the petitioner, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Addl. Sessions Judge-cum- Special Judge, Excise, Madhubani in connection with Benipatti P.S. Case No. 18 of 2019. (Anil Kumar Upadhyay, J) T.Kr./- U T