Mitranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72532 of 2019 Arising Out of PS. Case No.-567 Year-2019 Thana- FATUA District- Patna ====================================================== Mitranjan Kumar, Son of Krishan Nandan Prasad R/v- Rashalpur, P.S.- KaraiPasurai, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner seeks regular bail in connection with Special Case No.7551 of 2019, arising out of Fatuha P.S. Case No.567 of 2019, for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
The allegation against the petitioner as per the First Information Report is that police raided the Khatal of Ram Pravesh Yadav and recovered a total quantity of 19.600 litres of illicit country-made liquor. The petitioner was arrested from the said Khatal.
Learned counsel for the petitioner submits that the petitioner has committed no offence in the manner alleged and he has got no criminal antecedent. Learned counsel for the
Patna High Court CR. MISC. No.72532 of 2019(2) dt.04-12-2019 2/2 petitioner further submits that illicit liquor has been recovered from the Khatal belonging to the co-accused, Ram Pravesh Yadav and not from the premises belonging to the petitioner. Learned counsel further submits that the petitioner is in custody since 23.08.2019.
Having regard to the submissions made by the parties and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner and the petitioner is in custody since 23.08.2019 and there is no criminal antecedent against the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No.7551 of 2019, arising out of Fatuha P.S. Case No.567 of 2019.
(Anil Kumar Sinha, J) sanjeev/- U T