Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37276 of 2018 Arising Out of PS. Case No.-340 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Sushil Kumar S/o Anil Singh, R/o vill.- Pathra, P.S.- Mohanpur, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== 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 Barachatti (Mohanpur) P.S. Case No. 340 of 2018 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that in the instant case 10 liters of Mahua wine was recovered from the possession of co-accused and not from this petitioner. Learned counsel submits that petitioner is in custody since 23.5.2018 and as such he has remained in custody for more than one and half months.

Learned counsel appearing on behalf of the State opposes the prayer for bail. It is kept to be in mind that bail is rule and jail is exception. The Apex Court has reminded time

Patna High Court Cr.Misc. No.37276 of 2018(2) dt.28-06-2018 2/2 and again that bail should not be considered as a substitute of service.

Considering the aforesaid, 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 learned Special Judge, Excise, Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 340 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T