Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49877 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== SUSHIL KUMAR Son of Ravindra Prasad Resident of Village - Basaha, P.S.- Bajpatti, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

100.440 litres of foreign liquor is said to have been recovered from the bank of Basaha Bandh. Petitioner and coaccused are said to have kept the said liquor there, who managed to escape seeing the police party.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern with the seized liquor or place of recovery. The place of recovery is an open place and easily accessible to all.

Patna High Court CR. MISC. No.49877 of 2019(3) dt.04-11-2019 2/2 Identity and source of information has not been mentioned in the written report. Petitioner has no criminal antecedent. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 186 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) amit/- U T