Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61517 of 2017 Arising Out of PS.Case No. -643 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Navin Kumar S/o Ram Udar Yadav, Resident of Village-Baghi Dham, P.S.- Sitamarhi, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the State : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with C2643 of 2017 instituted for the offences under Sections 30A of the Bihar Excise Amendment Act, 2016.

The allegation is regarding recovery of 819 liters of illicit Nepali Saufi wine from Sumo vehicle which was being driven by the petitioner.

The learned counsel for the petitioner submits that neither the petitioner is the owner of the vehicle nor anything was recovered from his conscious possession and being not the owner of the vehicle, the petitioner was not knowing as to what had been kept in the said vehicle. It is further submitted that the petitioner

Patna High Court Cr.Misc. No.61517 of 2017 (2) dt.21-12-2017 2/2 has a fair antecedent and he is in custody since 14.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Sitamarhi in connection with C2-643 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T