Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50460 of 2016 Arising Out of PS.Case No. -328 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Subhash Kumar S/o late Sadanand Mandal, Resident of VillageTharbapatti, P.S.- Bhargama, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 47(e)/53(c)/57 of the Bihar Excise (Amendment) Act, 2016.

From a vehicle foreign liquor was recovered and seized by the police on 25.09.2016. The petitioner was sitting on the vehicle and co-accused was driving the same. Submission of the petitioner is that possession of foreign liquor was not an offence on the alleged date of recovery and the petitioner is in custody since 25.09.2016. Considering the facts aforesaid, let petitioner, above named, be enlarged on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.50460 of 2016 (2) dt.22-12-2016 2/2 Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Successor Court, in connection with Rajoun P.S. Case No.328 of 2016.

Mkr./- (Birendra Kumar, J) U T