Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34622 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== NITISH KUMAR, Son of Lalan Yadav Resident of Village - Baluwahi, P.S.- Khagaria, Distt - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhanshu Shekhar For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 10.04.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from a box and a bag being carried by the petitioner on a bus, 46.80 litres of Indian Made Foreign Liquor were recovered.
It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Patna High Court CR. MISC. No.34622 of 2019(2) dt.28-05-2019 2/2 Learned APP submits that recovery has been made from a box and a bag being carried by the petitioner and he is named in the FIR.
Considering the nature of recovery and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Spl. Judge, Excise, Purnea in connection with Case No. C-I-54 of 2019.
(Dinesh Kumar Singh, J) Amrendra/- U T