Hari Om Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76903 of 2018 Arising Out of PS. Case No.-380 Year-2018 Thana- PATNA GRP CASE District- Patna ====================================================== Hari Om Kumar, Son of Late Ram Prit Singh, Resident of Village-Achuara, P.S.-Barh, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gouranga Chatterjee For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 28.10.2018 in connection with Patna Junction P.S. Case No. 380/2018 registered for the offense punishable under Section 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that an abandoned bag was recovered at the railway station containing 133 pieces of bottles of foreign liquor and since the petitioner was standing nearby, he was taken into custody on the basis of mere suspicion.

Considering the fact that the petitioner has been taken into custody on mere suspicion and the recoveries were not

Patna High Court Cr.Misc. No.76903 of 2018(2) dt.10-01-2019 2/2 made from his conscious possession, let the petitioner 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 Act, Patna, in connection with Patna Junction P.S. Case No. 380/2018.

(Anjana Mishra, J) Saif/- U T