Patna High CourtCR. MISC./37826/2018allowed

Sujit Kumar v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37826 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Sujit Kumar S/o Naresh Saw, R/o Mohalla- Cinema Hall, Afim Kothi, Ward No. 23, P.S.- Daudnagar, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Excise Case No. 183 of 2018 for the offence registered under Sections 30 (a), 56 (gh) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Petitioner is in custody since 15.5.2018. Learned counsel for the petitioner further submits that in the instant case 90 liters of foreign liquor was seized. Learned counsel for the petitioner further submits that nothing was recovered from the conscious possession of the petitioner, the said liquor was recovered from the car. Petitioner is a driver of the car and he had no knowledge of keeping the liquor in the car.

Patna High Court Cr.Misc. No.37826 of 2018(2) dt.28-06-2018 2/2 Considering the fact that the petitioner has got no criminal antecedent and he has remained in custody for more than one month. Further considering the fact that neither is owner of the vehicle nor he was aware of the fact that liquor was kept in the vehicle. In view of the above, let the petitioner, named above is directed to be released on bail on furnishing bail bond of Rs.10000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya, in connection with Excise Case No. 183 of 2018. (Anil Kumar Upadhyay, J) banti/-T.Kr.

U T