Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35149 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== RANDHIR KUMAR Son of Vijay Singh Resident of Village- Digghi, Police Station- Nath Nagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 25.3.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that a motorcycle was intercepted when on seeing the police party, the petitioner fled away leaving behind the motorcycle and a back-pack. It is alleged that from the back-pack of the petitioner, 28.750 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner. The petitioner is also accused in one other case of similar nature.

Patna High Court CR. MISC. No.35149 of 2019(2) dt.29-05-2019 2/2 Learned APP submits that the recovery has been made from the back-pack left by the petitioner.

Considering the nature of recovery and the period under custody, 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 the learned Additional Sessions Judge -II-cum-Special Judge, Excise, Bhagalpur in connection with Excise Case No. 14 of 2019.

(Dinesh Kumar Singh, J) anil/- U