Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26077 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -EAST COLONY District- MUNGER ======================================================

1. Kundan Kumar S/o Dilip Kumar Resident of Terhi Gali, Mungraura, P.S.- East Colony, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jyoti Ranjan Jha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 2405-2016 in a case registered under Section-47 of the Bihar Excise Amendment Act.

The petitioner was licence holder and admittedly, the alleged recovery was made from an open land, situated adjacent to the house of the petitioner.

Learned counsel for the petitioner submits that the aforesaid recovery has not been made from conscious possession of the petitioner nor any person claimed to have seen the petitioner, keeping the seized liquor on the lands in question. Considering the above-said facts and circumstances of

Patna High Court Cr.Misc. No.26077 of 2016 (2) dt.04-07-2016 2/2 the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with East Colony P.S. Case No. 24 of 2016 to the satisfaction of Sri Sonelal Rajak, J.M.-Ist Class, Munger. (Hemant Kumar Srivastava, J) A.K.V./- U T