Patna High CourtCR. MISC./75613/2019bail granted

Vivek Kumar v. The State Of Bihar

2019-11-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75613 of 2019 Arising Out of PS. Case No.-297 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== VIVEK KUMAR Son of Shankar Ram Resident of Village - Thana Road, ward No.16, Gopalganj, P.S.- Nagar Gopalganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 02.09.2019 has filed the instant application for grant of bail in connection with Excise Case No. 297 of 2019 (District- Gopalganj) registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the allegation in the FIR, 6.3 litres of IMFL and 13.2 litres of country made foreign liquor is said to have been recovered from the motorcycle of the petitioner and one another accused person.

It is submitted by learned counsel for the petitioner that the alleged recovery is not from the possession of the

Patna High Court CR. MISC. No.75613 of 2019(2) dt.26-11-2019 2/2 petitioner but is stated to be recovered from a sack kept on the motorcycle. It is further submitted that the petitioner has falsely been implicated in this case by the police. The petitioner is in custody since 02.09.2019 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstnaces of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise, Gogaplganj in connection with Excise Case No. 297 of 2019 (District- Gopalganj).

(Partha Sarthy, J) Bibhash/- U T