Patna High CourtCR. MISC./58999/2018bail granted

Sanny Kumar v. The State Of Bihar

2018-09-28Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58999 of 2018 Arising Out of PS.Case No. -258 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Sanny Kumar, S/o Late Surendra Yadav, R/o Village- Ismailpur Bahadurpur Bigha, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.07.2018 in connection with Excise (Sherghati) P.S. Case No. 258 of 2018 for offences punishable under Section 30(A) (D) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that a Maruti car was intercepted and from the said car 100 liters of country made liquor was seized. Accordingly, a seizure list was prepared. The petitioner is alleged to be inside the car. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and has been

Patna High Court Cr.Misc. No.58999 of 2018 (2) dt.28-09-2018 2/2 implicated only on suspicion. He submits that although the seizure was made from the car but there was no independent witness, thus it is violation of Section 100 of the Cr. P.C. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Excise (Sherghati) P.S. Case No. 258 of 2018.

(Nilu Agrawal, J) Devendra/Priyanka U T