Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62940 of 2017 Arising Out of PS.Case No. -1129 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Mrityunjay Kumar, Son of Ganesh Sah, Resident of Village- Sant Nagar Gangjala, Ward No.15, P.S.- Saharsa, Dist- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special (Excise) Case No. 492 of 2017 arising out of Saharsa Sadar P.S. Case No. 1129 of 2017 for the offences punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that when a car was trying to flee away, the same was apprehended and 86.40 liters of illicit liquor was recovered.

The learned counsel for the petitioner submits that the petitioner is, in fact, neither the driver nor the owner of the said car, he has been falsely implicated in the present case, the petitioner has a clean antecedent and he is in custody since

Patna High Court Cr.Misc. No.62940 of 2017 (2) dt.17-01-2018 2/2 27.10.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Saharsa in connection with Special (Excise) Case No. 492 of 2017, arising out of Saharsa Sadar P.S. Case No. 1129 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T