Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31764 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ASHOK KUMAR S/o Prakash Sahni R/o Village- Dadar, P.S. Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party/s :

Mr. Ajay Kumar-2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 223 of 2019, instituted for the offence under Section(s) 414/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Counsel for the petitioner submits that there is no recovery of foreign liquor from possession of the petitioner. The Motorcycle alleged to have been recovered from possession of the petitioner has already been released in favour of genuine owner Raj Kumar Kaushik.

It is alleged in the written report that 33.375 litres of foreign liquor has been recovered from hut of Raj Kumar Kaushik. From possession of petitioner, Rs.5,350/- and two

Patna High Court CR. MISC. No.31764 of 2019(2) dt.13-05-2019 2/2 Mobile Phones have been recovered.

Petitioner is in custody since 6.3.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 223 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T