Patna High CourtCR. MISC./39535/2017bail granted

Sudhir Kumar v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39535 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Sudhir Kumar, son of Shankar Das, resident of village- Pahepur, P.S. Samastipur(M), District- Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Prabhat Kumar Singh, learned counsel, assisted by Sri Pramod Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 14.05.2017 in Kalyanpur P.S. Case No.73 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30, 38 of the Bihar Excise ( Amendment ) Act,2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner was falsely implicated in this case on an allegation that the petitioner was on a Bolero vehicle, from which about six cartoons of Indian Make Foreign Liquor was shown to be recovered. By way of referring to the statement made in paragraph-3 of the petitioner, learned counsel for the petitioner

Patna High Court Cr.Misc. No.39535 of 2017 (2) dt.19-08-2017 2/2 submits that the petitioner is having clean antecedent and has remained in custody for sufficient time.

Considering the nature of accusation, clean antecedent and period of custody, let the petitioner, namely, Sudhir Kumar be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI-cumSpecial Judge, Excise Act, Samastipur in connection with Kalyanpur P.S. Case no.73/2017.

(Rakesh Kumar, J) NKS/- U T