Patna High CourtCR. MISC./29382/2019bail granted

Sunil Kumar v. The State Of Bihar

2019-05-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29382 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== SUNIL KUMAR, aged about 30 years, Male, Son of Chamru Yadav Resident of Village - Hardiya Ward No. 12, P.S.- Muffasil, Distt - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Shree Niwas Singh, Adv.

For the Opposite Party :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Excise Case No. 13C2A/2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the Excise Officials, is that on secret information the house of the petitioner was searched and from the back side 8.250 liters of Indian made foreign liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession nor from his house and the seizure has been made from the open

Patna High Court CR. MISC. No.29382 of 2019(2) dt.13-05-2019 2/2 space outside the house and the petitioner is languishing in judicial custody since 05.02.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 13C2A/2019 to the satisfaction of the learned Additional Sessions Judge IIcum-Special Judge, Excise Act, Begusarai, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U T