Patna High CourtCR. MISC./26605/2019bail granted

Birbal Kumar v. The State Of Bihar

2019-05-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26605 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- BASANHI District- Saharsa ====================================================== Birbal Kumar, Son of Dinesh Vishwas, Resident of Village - Sonbarasa Raj, P.S.- Sonbarsa Raj, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Special (Excise) Case No. 448 of 2018 arising out of Basnahi P.S. Case No. 92 of 2018, registered under Section 30(a) of the Bihar Excise Act, 2016.

Learned counsel for the petitioner submits that Gulshan Kumar, Promod Kumar and this petitioner had filed Criminal Misc. No. 71222 of 2018 for prayer of bail, in which, while Gulshan Kumar and Promod Kumar were allowed privilege of bail but the prayer for bail of the petitioner was rejected for the present taking into consideration that the petitioner was accused in similar nature of another case. Further

Patna High Court CR. MISC. No.26605 of 2019(2) dt.15-05-2019 2/2 submission is that petitioner is in custody since 04.06.2018. The allegation is that petitioner and two others were apprehended each with 30 pouches, each containing 500 ml, country made liquor.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, Excise Act, Saharsa, in connection with Special (Excise) Case No. 448 of 2018 arising out of Basnahi P.S. Case No. 92 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T