Patna High CourtCR. MISC./31030/2016bail granted

Vimal Kumar Rai @ Vimlendu Kumar v. The State Of Bihar

2016-08-11Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.31030 of 2016 (2) dt.11-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31030 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Vimal Kumar Rai @ Vimlendu Kumar, son of Late Baijnath Rai @ Butti Rai, Resident of Village- Jitwarpur, Chouth Tole, Sapna, P.S- Samastipur Mufassil, District- Smastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s . Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 272, 273 of the Indian Penal Code and sections 47A, 57 of the Bihar Excise (Amendment) Act.

In huge quantity Indian made foreign liquor is said to have been recovered from the house of the petitioner but admittedly, prior to coming into force of Bihar Excise (Amendment) Act, petitioner was licence holder for selling Indian made foreign liquor. The submission on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, mere storage of Indian made foreign liquor does not constitute any offence because mere possession of Indian made foreign liquor is no offence in the eye of law.

Patna High Court Cr.Misc. No.31030 of 2016 (2) dt.11-08-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Samastipur Mufassil P.S. Case no. 106/2016. shahid (Hemant Kumar Srivastava,J) U T