Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38021 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Sunil Kumar, son of late Ramashish Das, resident of Mohalla-Pramod Laddu Factory, Janata Colony, Bairagi, P.S.-Delha,District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Gaya Rail P.S. Case No. 127/18 for the offence under section 30(a) of the Bihar Wine Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is in custody in connection with seizure of 35 liters of Jhakhand made liquor. He submits that petitioner has no criminal antecedent and only on account of suspicion the petitioner has been arrested in the instant case. The recovery was made from the railway premises which is open field and as such the petitioner cannot be held to be involved in the sale or purchase of liquor.

Consider the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.38021 of 2018(2) dt.29-06-2018 2/2 antecedent and he is in custody since 16.5.2018, let the petitioner, named above, 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 Excise Judge,Gaya, in connection with Gaya Rail P.S. Case No. 127/18.

(Anil Kumar Upadhyay, J) Ravi/- U T