Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55581 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

UMESH KUMAR Son of Kishori Sahni Resident of Village - Pansalwa Chowk, P.S.- Motipur, District - Muzaffarpur 2.

Sujit Kumar (Driver) Son of Raj Mangal Sahni Resident of Village - Sahwajpur, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are in custody since 05.07.2019 in connection with Parsauni P.S. Case No. 56 of 2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioners submits that the petitioner No.2 is merely a driver and petitioner No. 1 is the passenger of the vehicle from which the alleged recoveries of liquor is said to have been made. Learned counsel for the petitioners further submits that the petitioners have no criminal antecedents and the alleged recoveries were not from their conscious possession.

Patna High Court CR. MISC. No. 55581 of 2019(3) dt.24-09-2019 2/2 Considering the aforementioned facts and circumstances, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special judge, Excise Act, Sitamarhi, in connection with Parsauni P.S. Case No. 56 of 2019.

(Anjana Mishra, J) Saif/- U T