Ritesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48383 of 2016 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48383 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Ritesh Kumar Son of Pramod Lal Resident of Village- Chapta, P.S. Ugiyarpur, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Mishra For the Opposite Party/s : Ms. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 47 Excise Act.

40 bottles containing 750 ml each bottle of Indian made foreign liquor are said to have been recovered from a compartment of a train. Petitioner was found sitting near the aforesaid bottles and confessed that the seized bottles belonged to him. Submission on behalf of the petitioner is that the petitioner was bona fide passenger and, as a matter of fact, he has been roped in this case by the officials only on the basis of suspicion. Petitioner does not have any criminal antecedent and is languishing in jail custody since 16.9.2016.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.48383 of 2016 (2) dt.12-01-2017 amount each to the satisfaction of the Railway Judicial Magistrate, Sonepur, Saran in Muzaffarpur Rail P.S. Case no. 75/2016. shahid (Hemant Kumar Srivastava,J) U T