Patna High CourtCR. MISC./33917/2019bail granted

Gaurav Kumar v. The State Of Bihar

2019-05-23Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33917 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Gaurav Kumar Son of Ramesh Chaudhary, Resident of Village - Tulsi Mandi Khajuue Vani, Guljarbag, P.S.- Alamganj, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jay Ram Prasad, Advocate For the Opposite Party :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Special Case No.3884 of 2019 arising out of Chowk P.S. Case No.164 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act Act, 2016.

It is submitted by the learned counsel for the petitioner that the alleged recovery of about 61.96 liters illicit liquor was not from the physical possession of the petitioner.

Patna High Court CR. MISC. No.33917 of 2019(2) dt.23-05-2019 2/3 The seizure list itself would show that the petitioner has been framed in this case by the police in a highhanded manner. The alleged time of search and seizure is at 06.16 p.m. on 15.04.2019 and the FIR has been instituted on 15.04.2019 at 07.00 p.m. in the police station, but the seizure list contains the police station case number. It is further contended that no other case of Excise Act is ever instituted against the petitioner. Considering the submissions made above, the period of more than one month spent by the petitioner in custody and the willingness expressed by the petitioner to furnish sureties and bonds to the satisfaction of the court, he is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.3884 of 2019 arising out of Chowk P.S. Case No.

Patna High Court CR. MISC. No.33917 of 2019(2) dt.23-05-2019 3/3 so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T