Baiju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63338 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Baiju Kumar, Son of Khadaran Prajapati, Resident of Village- Kuchal Toli, Daudnagar-19 P.S.- Daudnagar, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 150 of 2017 instituted for the offences under Section 30(A) of the Bihar Excise Amendment Act, 2016. The allegation is regarding recovery of 64 litres of illicit Jharkhand country made liquor from the motorcycle of the petitioner, the registration whereof stands in the name of the petitioner.

The learned counsel for the petitioner submits that the petitioner had already sold the motorcycle to another person although the registration had not been transferred in the name of the purchaser and moreover, he has not been apprehended from the spot much less no recovery is said to have been made from his

Patna High Court Cr.Misc. No.63338 of 2017 (2) dt.17-01-2018 2/2 possession. It is submitted that the petitioner has a clean antecedent and he is in custody 19.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named 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 Additional Session Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with Daudnagar P.S. Case No. 150 of 2017.

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