Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34519 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Aditya Kumar S/o Ashish Mandal @ Ram Ashish Mandal, resident of Village- Harchha, P.S. Baheri, District- Darbhanga, at present C/o- Bhola Yadav, Advocate, Hajipur, Ramnagar, Paswan Tola, P.S. Bahadurpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with University P.S. Case no. 72 of 2018 registered for the offence punishable under Section 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-B)A, 35 of Arms Act. 9.750 lts. of foreign liquor is said to have been recovered from the room inhabited by the petitioner and two other accused persons as tenant and one country made pistol from its washroom and they were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.34519 of 2018(3) dt.07-08-2018 2/2 physical possession of the petitioner. He has no concern with the seized article. The said room is inhabited by the petitioner and two other accused persons and petitioner had no knowledge of keeping of liquor and country made pistol in the room and washroom respectively, which are inhabited and under use of aforesaid three accused persons. As no cartridge has been recovered, so there is no use of pistol without any cartridge. He has no criminal antecedent. He has been languishing in custody since 08.04.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with University P.S. Case no. 72 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T