Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34714 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Mintu Kumar, Son of Banke Lal Prasad @ Banke Lal Bhagat, Resident of Village - Ganj Kharar (Wrongly written in the F.I.R. Khashar), P.S.- Minapur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.04.2019 in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that on secret information one Bolero pickup van and Alto car were intercepted and from the Bolero pickup van, 336.240 litres of illicit Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that there is no recovery of liquor from the Alto car and the same has been found registered in the name of the petitioner.

Patna High Court CR. MISC. No.34714 of 2019(2) dt.28-05-2019 2/2 However, since the driver of the seized Alto car escaped from the scene under some fear on suspicion petitioner's car has also been seized. The petitioner is accused in one another case in which he is on bail.

Learned APP submits that the driver of the Alto car flee away leaving the Alto car vehicle parked near Bolera pickup van from which recovery has been made which suggests his involvement in the transportation of illicit liquor. Considering the fact that there is no recovery from the car of the petitioner, let the above named petitioner 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 Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 314 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T