Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29304 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== AWADHESH KUMAR Son of Shri Chandeshwar Chaudhary Resident of Village- Chhitkaiya, P.S.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner is languishing in judicial custody since 01.03.2019 in connection with Special Case No. 2252 of 2019 arising out of Agamkuan P.S. Case No. 209 of 2019 for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 3(a)/37(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on Kumhrar Musahari Tola, a raid was conducted at three places and more than 22 persons were apprehended from different places. The petitioner was apprehended in an intoxicated condition and 100 litres of country made Mahua wine was recovered from different places.

Patna High Court CR. MISC. No.29304 of 2019(2) dt.10-05-2019 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that illicit liquor has not been recovered from his conscious possession and allegation is that the petitioner was found in an intoxicated condition but has not been affirmed either through any forensic examination but only by breath analyzer and he is languishing in judicial custody since more than two months. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, period of custody and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the 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 the learned Special Judge, Excise, Patna in connection with Special Case No. 2252 of 2019 arising out of Agamkuan P.S. Case No. 209 of 2019. (Nilu Agrawal, J) devendra/- U T