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Patna High CourtCR. MISC./27692/2018bail granted

Ram Bilash Kumar v. The State Of Bihar

2018-05-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27692 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- Saur Bazar District- Saharsa ====================================================== Ram Bilash Kumar S/o Ashok Sah @ Ashok Das, R/o Vill. Madhaili Bazar, P.S. Shankarpur, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

08-05-2018 Heard Sri Alok Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph - 3 of the petition and is in custody since 19-02-2018, has prayed for grant of bail in Special (Excise) Case No. 94 of 2018, arising out of Sour Bazar P.S. Case No. 94/18, registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is driver of a public carrier i.e. 3-wheeler tempo and while he was carrying passenger, unknowing as to whether passenger had loaded any wine or not, he was moving. After noticing the police, passenger fled away and on search, huge quantity of Indian make foreign liquor was recovered in the

Patna High Court Cr.Misc. No.27692 of 2018(2) dt.08-05-2018 2/2 vehicle. It was argued by learned counsel for the petitioner that petitioner was not at all knowing about the liquor as to how it was kept in the tempo.

Be that as it may, considering the nature of accusation, clean antecedent as well as the fact that petitioner is in custody since 19-02-2018, let the petitioner namely Ram Bilash Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case no. 94/2018, arising out of Sour Bazar P.S. Case No. 94/18. (Rakesh Kumar, J.) anay U T