Patna High CourtCR. MISC./38050/2019bail granted

Satish Kumar v. The State Of Bihar

2019-07-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38050 of 2019 Arising Out of PS. Case No.-524 Year-2018 Thana- JAKKANPUR District- Patna ====================================================== Satish Kumar Son of Ram Ekbal Rai Resident of Village- Bigrahpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed this application for grant of bail in connection with Special Case No. 10492 of 2018 arising out of Jakkanpur P.S. Case No. 524 of 2018 registered for the offence under Section 273 of the Indian Penal Code and Sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

The allegation as per FIR is that on receiving secret information, a raid was conducted and 14.625 litres of IMFL was recovered from the house of the petitioner but he managed to escape after seeing the police team.

It is submitted by the learned counsel for the petitioner that no recovery was made from conscious possession

Patna High Court CR. MISC. No.38050 of 2019(2) dt.04-07-2019 2/2 of the petitioner. The allegations as levelled in the FIR are false and the petitioner surrendered in the court on 27.03.2019. He has no criminal antecedent.

The application for bail is opposed by the learned APP for the State.

Having heard the learned counsel for the parties and considering the fact that nothing has been recovered from conscious possession of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise) Patna in connection with Jakkanpur P.S. Case No. 524 of 2018 (Special Case No. 10492 of 2018).

(Partha Sarthy, J) sushma/- U