Patna High CourtCR. MISC./62935/2019bail granted

Satish Kumar v. The State Of Bihar

2019-10-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62935 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- NTPC KHAIRA District- Aurangabad ====================================================== SATISH KUMAR S/O Saryu Ram Resident of Village- Heman Bigha, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 27.8.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 260 litres of country made liquor was recovered from an auto rickshaw, which was being driven by co-accused Sonu Kumar Yadav who escaped from the scene but one Ankit Kumar was caught on the spot. The petitioner is the owner of the vehicle in question. It is submitted by learned counsel for the petitioner that the co-accused Mantu Kumar Yadav who was to received the alleged liquor has been granted anticipatory bail vide order dated 3.7.2019 passed by a Bench of this Court in Cr. Misc. No. 25637 of 2019. Statement has been made in paragraph 3 of the

Patna High Court CR. MISC. No.62935 of 2019(2) dt.25-10-2019 2/2 petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is the owner of the vehicle in question.

Considering the fact that the prosecution case does not suggest that the petitioner was present at the place of seizure, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -VII-cum-Special Judge, Excise, Aurangabad in connection with NTPC Khaira P.S. Case No.18 of 2019.

(Dinesh Kumar Singh, J) anil/- U