Patna High CourtCR. MISC./69888/2019bail granted

Amlesh Kumar v. The State Of Bihar

2019-12-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69888 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== AMLESH KUMAR S/O Ram Daresh Rai R/o- Village Jai Nagar @ Jaynagar, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Sonbarsa P.S. Case No. 217 of 2019, disclosing the offence under Section 414 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2018.

The Police are said to have recovered 270-300 liters of illicit liquor from near the house of the petitioner. The petitioner, his father and other family members have been made accused in the First Information Report.

Learned counsel appearing on behalf of the petitioner has submitted that the recovery in question cannot be said to have been made from the conscious possession of the petitioner

Patna High Court CR. MISC. No.69888 of 2019(2) dt.18-12-2019 2/2 as admittedly the same was neither recovered from his personal possession nor from the house belonging to the petitioner. The petitioner is in custody since 16.09.2019.

Considering the facts and circumstances of the case and the nature of accusation as explained above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Sonbarsa P.S. Case No. 217 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T