Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24522 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Shyam Kumar Son of Pairu Sao, Resident of Village- Budhavan Talab, P.S.- Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State.

Petitioner is in custody in connection with Kawakol P.S. case no. 26 of 2017 for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016. As per FIR, allegation against petitioner is to be associates of persons involved in illegal business of liquor. Petitioner was apprehended by the police on the allegation that he was plying the bike ahead of the vehicle carrying liquor in order to provide safe passage. In para 12, petitioner has stated that nothing has been recovered from possession of petitioner and Honda Unicorn bearing no. BR 46C-1871 is his personal property and he has no concern with the recovered wine. In para 13, he has stated

Patna High Court Cr.Misc. No.24522 of 2017 (2) dt.08-06-2017 2/2 that he was returning after attending marriage ceremony in the family of his sister and in the way, he was apprehended by the police only on suspicion. Petitioner is in custody since 11.03.2017. In para 3 of the petition, petitioner has stated on affidavit that he has no criminal antecedent.

In above facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-IV, Nawada in Kawakol P.S. case no. 26 of 2017 subject to the condition that petitioner will fully cooperate in the conclusion of trial and cannot in any manner influence the witnesses.

(Anil Kumar Upadhyay, J.) rinkee/- U T