Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35390 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Monu Kumar, Son of Sanjay Singh, Resident of Village- Shivnar, P.S.- Mokama, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 3961 of 2019 (Arising out of Mokama P.S. Case No. 72 of 2019) for the offences under Sections 30(a) & 45 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 20.04.2019. He further submits that in the instant case total 17.25 liters liquor was seized but not from the conscious possession of the petitioner.

Considering the fact that the petitioner has got no criminal antecedent and the recovery was not made from the conscious possession of the petitioner, the Court is inclined to

Patna High Court CR. MISC. No.35390 of 2019(2) dt.30-05-2019 2/2 grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds 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. 3961 of 2019 (Arising out of Mokama P.S. Case No. 72 of 2019). (Anil Kumar Upadhyay, J) sunil/- U T