Kanhaiya Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43634 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== KANHAIYA THAKUR S/o Vashishth Thakur R/o village- Majhauwa, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta For the Opposite Party/s :
Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Dhanaha P.S. Case No.62 of 2019 instituted for the offence under Section(s) 30, and 30(a) of Bihar Prohibition and Excise Act, 2016.
It is alleged that police apprehended one motorcycle on which this petitioner along with Anil Kumar was sitting. It is further alleged that police searched both persons and from motorcycle 192 bottles of foreign liquor each of 180 ML total 34.560 litres was recovered.
There is no recovery of any incriminating article from possession of the petitioner.
Counsel for the petitioner submits that co-accused, Anil Kumar, has already been granted regular bail by this Court
Patna High Court CR. MISC. No.43634 of 2019(2) dt.19-07-2019 2/2 by order dated 25.06.2019 passed in Cr. Misc. No.38858 of 2019.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Special Judge, Excise, West Champaran, Bettiah, in connection with Dhanaha P.S. Case No.62 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J) J. Alam/- U T