Patna High CourtCR. MISC./39696/2017bail granted

Kanchan Kumar v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39696 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -NADI P.S. District- PATNA ====================================================== Kanchan Kumar S/o Lala Rai, R/o Village - Rustampur Teenpolia, P.S. - Raghopur, District - Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Smt. Rina Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 14-06-2017 in Special Case No. 2696 of 2017, arising out of Nadi P.S. Case No. 41 of 2017, registered for offence under Sections 30(A) & 36 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner was innocent and he had taken a lift in a Tata-407 vehicle and while he was moving to his destination the said vehicle was intercepted by the police and from the vehicle, in question, huge quantity of Indian make foreign liquor was recovered and petitioner alongwith driver & khalashi of the vehicle was made accused. She further submits that even the

Patna High Court Cr.Misc. No.39696 of 2017 (2) dt.19-08-2017 2/2 driver had disclosed that as if petitioner was a passenger. By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Kanchan Kumar 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 Additional Sessions Judge - IX, Patna in connection with Spl. Case No. 2696 of 2017, arising out of Nadi P.S. Case No. 41 of 2017.

(Rakesh Kumar, J.) Anay U T