Patna High CourtCR. MISC./61488/2017bail granted

Akash Kumar Kharwar @ Akash Kharwar v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61488 of 2017 Arising Out of PS.Case No. -474 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Akash Kumar Kharwar @ Akash Kharwar Son of Sanjay Kharwar Resident of village- Tiwai, P.S.- Chainpur, District- Kaimur at Bhabhua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the State : Mr. Anand Mohan Prasad Mehta, 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 Mohania P.S. Case No. 474 of 2017 instituted for the offence under Section 30(a) of the Bihar Excise (Amendment) Act, 2016. The allegation is regarding recovery of a very small quantity of liquor from two co-accused persons who were coming on motorcycle and were apprehended by the Police while the petitioner is said to have fled away from the place of occurrence. The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious possession of the petitioner nor the petitioner has anything to do with the alleged occurrence. The learned counsel further submits that the petitioner has a clean antecedent and he is in custody since 08.11.2017.

Patna High Court Cr.Misc. No.61488 of 2017 (2) dt.21-12-2017 2/2 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) cum Additional Sessions Judge, Kaimur at Bhabua in connection with Mohania P.S. Case No. 474 of 2017.

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