Amitabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32580 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== Amitabh Kumar, S/O Ganesh Bhagat, resident of Village-Kujap, P.S.- Bodhgaya, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Bodhgaya P.S. Case No.155 of 2019 for allegedly having committed the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the there is no recovery from the conscious possession of the petitioner but from the motorcycle not belonging to him. Considering the fact that the alleged recovery was not from the conscious possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on

Patna High Court CR. MISC. No.32580 of 2019(2) dt.23-05-2019 2/2 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 Special Excise Judge, Gaya, in connection with Bodhgaya P.S. Case No.155 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T