← Library
Patna High CourtCR. MISC./36605/2018allowed

Deepak Kumar @ Dipak Kumar v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36605 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Deepak Kumar @ Dipak Kumar son of Sri Umesh Kumar Poddar @ Umesh Poddar, resident of Village- Pachira, Ward no. 8, Police Station Raniganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Mandal For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Forbesganj (Simraha) P.S. Case No. 343 of 2018 for the offence under section 30(2) and 38(1) of the Bihar Excise Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 14.5.2018. Learned counsel submits that nothing was recovered from the conscious possession of the petitioner. In fact, seizure was made from the possession of co-accused Rajesh Kumar. Learned counsel submits that the recovered article was cough syrup.

Considering the fact that nothing was recovered from

Patna High Court Cr.Misc. No.36605 of 2018(2) dt.28-06-2018 2/2 the possession of the petitioner and petitioner has no criminal antecedent and remained in custody for more than one and half months, let the petitioner, named above, 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 2nd Additional Sessions Judge, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 343 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T