Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54513 of 2019 Arising Out of PS. Case No.-702 Year-2019 Thana- KANKARBAG District- Patna ====================================================== 1.

AJIT KUMAR Son of Munna Pandey Resident of Village- Nawada, P.S.- Chandi, District- Nalanda.

2.

Sanjeet Kumar Son of Munna Prasad Resident of Sai Netralaya, East Jhoparpatti, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 20.07.2019 in connection with Kankarbagh P.S. Case No. 702/2019 registered for the offence punishable under Sections 30(a) of the Bihar Excise and Prohibition Act.

Learned counsel for the petitioners submits that though it is alleged that from the petitioner No. 1, 13.5 litres of foreign liquor was recovered and from the possession of the petitioner No. 2 (Sanjeet Kumar) 124 litres of Mahuwa liquor are said to have been recovered, the same was not recovered from their conscious possession and the petitioners have been

Patna High Court CR. MISC. No.54513 of 2019(2) dt.04-09-2019 2/2 falsely implicated in connection with the same. Considering the fact that the said recoveries were not from the conscious possession of the petitioners and that they have a clean antecedent, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Kankarbagh P.S. Case No. 702/2019. (Anjana Mishra, J) Saif/- U T