Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67375 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== Harendra Kumar S/o- Lalchandan Yadav R/o Village - Surajmal Bigha, P.S. - Banshi, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kurtha P.S. Case No. 104 of 2021 corresponding to Excise Case No. 726 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 54 litres of Mahua liquor has been recovered from motorcycle of co-accused and petitioner has been made accused in this case on the basis of confessional statement of co-accused. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner has no concern with the seized liquor. Petitioner is in custody since 10.09.2021. Investigation is complete.

Learned APP however vehemently opposed the prayer

Patna High Court CR. MISC. No.67375 of 2021(2) dt.21-12-2021 2/2 for bail and submitted that petitioner has got criminal antecedent and two cases of similar nature are pending against him. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge Excise Act, Jehanabad in connection with Kurtha P.S. Case No. 104 of 2021 corresponding to Excise Case No. 726 of 2021, once the charge is framed in the case.

(Prabhat Kumar Singh, J) vinita/- U T