Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28152 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- PANDARAK District- Patna ====================================================== Sumit Kumar (M), aged about 28 years, Son of Khakho Mahto, Resident of Village-Bihat Tola Ibrahimpur, P.S.-Barauni, District-Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Singh, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Pandarak P.S. Case No. 87 of 2018, Special Case No. 8253 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Excise Amendment Act, 2016. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case.
There is no recovery from the conscious possession of the petitioner. There is recovery of 123 liters of wine from the Maruti Van, the co-accused Rajesh Sao was driver of the said Maruti Van and he might have consult to earn the illicit income by carrying the wine and petitioner is the owner of the Maruti
Patna High Court CR. MISC. No.28152 of 2019(3) dt.22-07-2019 2/2 Van. There is no criminal history against the petitioner. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, 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), Patna in connection with Pandarak P.S. Case No. 87 of 2018, Special Case No. 8253 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Nasimul/- U T