Patna High CourtCR. MISC./30563/2019bail granted

Anmol Kumar v. The State Of Bihar

2019-05-10Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30563 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== ANMOL KUMAR Son of Bijendra Yadav Resident of Village - Basantpur, Ward No. 3, P.S.- Simari Baktiarpur, Distt - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

Petitioner is languishing in judicial custody since 13.02.2019 in connection with Samastipur Rail P.S. Case No. 33 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the Rail Police is that the petitioner was apprehended under the bridge on the railway platform with 25.500 litres of illicit liquor. Accordingly, a seizure list was prepared.

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

Patna High Court CR. MISC. No.30563 of 2019(2) dt.10-05-2019 2/2 that nothing has been recovered from his conscious possession and he is languishing in judicial custody since nearly three 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, 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 Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Samastipur Rail P.S. Case No. 33 of 2019.

(Nilu Agrawal, J) devendra/- U T