Patna High CourtCR. MISC./22566/2020allowed

Rana Kumar v. The State Of Bihar

2020-09-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22566 of 2020 Arising Out of PS. Case No.128 Year-2016 Thana Kundwachainpur District-East Champaran ====================================================== Rana Kumar, aged about 25 years (M) Son of Jai Mangal Patel, Resident of Village- Raghunathpur, P.S.- Raghunathpur (OP Turkauliya), District -East Champaran ... ... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate For the Opposite Party : Mr. Shailendra Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 01-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kundwachainpur P.S. Case No. 128 of 2016 for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 37(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioner would submit that there is no case pending against the petitioner under the provisions of the Bihar Prohibition and Excise Act. He further submits that in the instant case, 258 litres of Nepali liquor was seized from Maruti Suzuki car. Learned counsel further submits that the petitioner has no concern with the alleged car and liquor and nothing was recovered from his possession. Petitioner is in custody since 17.10.2019. Considering the fact that the petitioner has remained

in custody for more than ten months, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 128 of 2016.

(Anil Kumar Upadhyay, J) BT/- U T