Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36663 of 2017 Arising Out of PS.Case No. -314 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Subodh Kumar Son of Basudev Mahto, R/o Village- Shiv Nagar, Nunia Tola, Ward No.15, P.S.- Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.05.2017 in connection with Complaint Case No. C2-314 of 2017/ 205 of 2017 for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the SSB officials, is that the petitioner was found near Indo-Nepal Border with 18 litres of Nepali sophy wine.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and from the seizure-list it is not apparent whether the said illicit wine was recovered from his possession and considering the period of

Patna High Court Cr.Misc. No.36663 of 2017 (4) dt.24-08-2017 2/2 custody a sympathetic consideration be given. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Sitamarhi, in connection with Complaint Case No. C2-314 of 2017/ 205 of 2017.

(Nilu Agrawal, J) Rajesh/- U T