Radhey Shyam Kumar @ Radhey Shayam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.628 of 2018 Arising Out of PS.Case No. -476 Year- 2017 Thana -FATUHA District- PATNA ====================================================== Radhey Shyam Kumar @ Radhey Shayam Kumar, son of Late Kamla Prasad @ Late Kamal Sharan Singh, resident of Village- Ranipur, P.S. Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 476 of 2017 for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of about 87 liters of illicit liquor from the motorcycle on which the petitioner and other co-accused person were travelling.

The learned counsel for the petitioner submits that the petitioner was a pillion rider and the motorcycle belongs to the co-accused, hence, he is not responsible for the alleged recovery. It is further submitted that the petitioner has a clean antecedent

Patna High Court Cr.Misc. No.628 of 2018 (2) dt.18-01-2018 2/2 and he is in custody since 01.11.2017.

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, Patna in connection with Fatuha P.S. Case No. 476 of 2017/ Special Case No. 7618 of 2017. (Mohit Kumar Shah, J) BTiwary/- U T