Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32856 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- KOPA District- Saran ====================================================== NIRAJ KUMAR, aged about 19 years, Male, Son of late Gauri Mahto Resident of Village - Dighwara, P.S.- Dighwara, Dist.- Saran at Chapra. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

100 litre country made liquor was recovered from a tempo and petitioner as well as one other FIR named accused was found sitting in the aforesaid tempo. Petitioner does not have any criminal antecedent and is languishing in jail custody since 19.03.2019.

Submission on behalf of the petitioner is that petitioner was a bona fide passenger and as a matter of fact, the recovered liquor was being carried by the driver of aforesaid

Patna High Court CR. MISC. No.32856 of 2019(2) dt.21-05-2019 2/2 tempo but it is surprisingly enough that name of driver of said tempo has not been disclosed in written report of the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge -cum-Special Judge (Excise), Saran at Chapra in connection with Kopa P.S. Case No. 40 of 2019.

(Hemant Kumar Srivastava, J) shahzad/- U T