Kiran Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.586 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== Kiran Kumar, Son of Lalo Poddar, Resident of Village-Khairi Dih, P.S. Morkahi, Distt.-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Morkahi P.S. Case No. 143 of 2018, dated 02.11.2018, instituted for the offences under Section 30 of the Bihar Prohibition and Excise Act, 2016. 57 litres of liquor is said to have been recovered from beneath a "Pakad" tree in a bush situated behind the land belonging to the petitioner. Under such circumstances, it has been argued, the petitioner cannot be said to be in constructive possession of the same.

Regard being had to the aforesaid fact as also taking into account that the petitioner does not have any criminal antecedents, he, in the event of his arrest or

Patna High Court Cr.Misc. No.586 of 2019(2) dt.16-01-2019 2/2 surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III-CumSpecial Judge, Excise, Khagaria in connection with Morkahi P.S. Case No. 143 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T