Shyam Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36670 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== SHYAM KISHORE KUMAR SON OF UPENDRA YADAV Resident of Village- Jhaua, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 150 litres of spirit and 18.75 litres of IMFL was recovered from the car of which the petitioner was one of the occupants.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has no concern with the seized liquor or spirit nor is he the owner of the vehicle in question. He is in custody since 19.3.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.36670 of 2021(2) dt.04-01-2022 2/2 Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Hathauri P.S. Case no.70 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T