Santy Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71641 of 2019 Arising Out of PS. Case No.-606 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Santy Kumar, son of Late Om Prakash R/v- Bangali Road, Mithapur, B - Area, Ram Das Path Galli opposite of the house of Sri R.K. Jha, P.S. - Jakkanpur, Distt. - Patna.

... ... 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. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 The petitioner seeks bail in connection with Jakkanpur P.S. Case No. 606 of 2019, Special Case No. 8174 of 2019 which has been instituted for the offences under Sections 30(a), 38, 41 of the Bihar Prohibition & Excise Act, 2016.

28.6 litres of liquor is said to have been recovered from the first floor of the house belonging to the petitioner.

It has been submitted on behalf of the petitioner that the house is being occupied by many other persons and therefore the petitioner cannot be said

Patna High Court CR. MISC. No.71641 of 2019(2) dt.04-12-2019 2/2 to be in the exclusive constructive possession of the liquor.

The petitioner does not have any criminal antecedents and he is in custody since 11.09.2019. Considering the aforementioned facts, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Jakkanpur P.S. Case No. 606 of 2019, Special Case No. 8174 of 2019.

(Ashutosh Kumar, J) Shageer/- U T