Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42961 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Bittu Kumar S/O Panday Ram R/O Village-Lala Amauna, P.S- Daudnagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Amba P.S. Case No. 43 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 247 litres of foreign liquor and beer has been recovered from a vehicle and this petitioner who was one of the occupants was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question. Petitioner is in custody since 06.04.2021 having no criminal antecedent, as stated in

Patna High Court CR. MISC. No.42961 of 2021(2) dt.29-10-2021 2/2 para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to 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 Additional District & Sessions Judge II-cum-Special Judge Excise, Aurangabad in connection with Amba P.S. Case No. 43 of 2021 General registration no. 498 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T