Patna High CourtCR. MISC./35156/2019bail granted

Sujeet Kumar @ Mithun Chaiwala @ Muthun Chaiwala v. The State Of Bihar

2019-05-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35156 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SUJEET KUMAR @ MITHUN CHAIWALA @ MUTHUN CHAIWALA S/O Late Krishna Tanti Resident of Saluganj, P.S.- Bihar, District- Nalanda. Presently residing in the house of Ram Prasad Tanti at Mohalla- Ali Nagar, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.05.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that beneath of the tea stall of the petitioner, 66 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the alleged liquor was stored by nephew of the petitioner and the petitioner was not aware about the same. 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.35156 of 2019(2) dt.29-05-2019 2/2 Learned APP for the State submits that the recovery has been made from the tea stall of the petitioner. Considering the nature of recovery coupled with 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 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-III-cumSpecial Judge, Excise Act, Biharsharif, in connection with Laheri P.S. Case No. 187/2019.

(Dinesh Kumar Singh, J) Ashwini/- U U