Garden Kumar @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25234 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== GARDEN KUMAR @ RAJESH KUMAR S/o Kanhai Yadav, R/o Ward No. 1, Hat Saraiya, Siswa Sarea, P.S.- Bariya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 09.01.2019 in connection with Bairiya P.S. Case No. 12 of 2019 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged recovery was not from his conscious possession and he was merely traveling in the vehicle from which the recovery was made. So far as the petitioner is concerned, he was quite oblivious of the fact that the vehicle was containing such items. The owner of the vehicle allegedly fled away and the petitioner was taken into custody.

Patna High Court CR. MISC. No.25234 of 2019(2) dt.19-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, (Excise) Bettiah in connection with Bairiya P.S. Case No. 12 of 2019.

(Anjana Mishra, J) Jagdish/- U T