Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52822 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Mithun Kumar Son of Krishna Ram Resident of Village - Hariharganj, Distt.- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Amba P.S. Case No. 79 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 225 litres of country made liquor has been recovered from a tempo and this petitioner being driver was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question and has got nothing to do with the recovered liquor. Petitioner claims clean antecedent and he is in custody since 28.06.2021. Investigation is complete. Considering the period of custody coupled with the

Patna High Court CR. MISC. No.52822 of 2021(2) dt.30-11-2021 2/2 fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to 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 the learned Additional District & Sessions Judge II-cum-Special Judge Excise, Aurangabad in connection with Amba P.S. Case No. 79 of 2021. (Prabhat Kumar Singh, J) vinita/- U