Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55650 of 2017 Arising out of P.S. Case No.-331 Year-2017 Thana- SAKRA District- Muzaffarpur =============================================== Hemant Kumar, S/o Late Umesh Sah, Resident of VillageSarmastpur, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s =============================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s: Mr. Matloob Rab, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 272 and 273 of the Indian Penal Code and Sections 30 (A) and 41 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, allegedly huge amount of illicit liquor was recovered from a truck and pick up van and seeing the raiding police party two persons tried to escape but one person namely Binod Prasad Yadav was apprehended who disclosed the name of the present petitioner

Patna High Court Cr.Misc. No.55650 of 2017(2) dt.23-11-2017 2/2 and also disclosed that one Ranjit Sah had called him and told that the said illicit liquor belong to one Rakesh Mahto and that has to be loaded in the pick up van from the truck. It is contended that petitoner is neither a driver nor the owner of the truck/pick up van and has no connection with the illicit liquor. It is urged that the petitoner has remained in custody since 09.09.2017, i.e., for about two and half months. It is claimed that the petitioner is having clean antecedent. Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 331 of 2017 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Vikash/- U T