Patna High CourtCR. MISC./10086/2017bail granted

Shankar Kumar v. The State Of Bihar

2017-03-15Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10086 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -ROUH District- NAWADA ======================================================

1. Shankar Kumar, S/O Badri Prasad, Resident of Village - Kujaila, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Roh P.S. Case No. 73 of 2016 registered for the offences punishable under Sections 30(a), 41(1) of the Bihar Excise Amendment Act, 2016.

This petitioner and one other while seeing the police party started fleeing away with their vehicle and in course of fleeing they dashed with a tree on account of which they sustained injuries. The police party, however, seized 19 bags of country made wine from the said vehicle.

Learned counsel for the petitioner submits that he is in custody since 27.10.2016 having no criminal antecedent. The

Patna High Court Cr.Misc. No.10086 of 2017 (2) dt.15-03-2017 2/2 seizure was made by the police party, but no independent witness has signed the seizure list. Learned counsel for the petitioner prays for bail.

Learned APP, on the other hand, opposed the submission of bail.

On perusal of seizure list, I find that the seizure was signed by the members of the police party itself. The petitioner has remained in custody for about five months. Considering the period of custody of the petitioner as well as facts and circumstances stated above, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Sessions Judge II, Nawada (Special Court) in connection with Roh P.S. Case No. 73 of 2016 (Sessions Trial No. 05 of 2017).

(Sanjay Kumar, J) ajaypd./- U T