Patna High CourtCR. MISC./77242/2019bail granted

Hari Shankar Das v. The State Of Bihar

2019-12-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77242 of 2019 Arising Out of PS. Case No.-473 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== Hari Shankar Das, Son of Rambilas Das, Resident of Village - Haripatti, P.O.- L. Sari, P.S. - Bahadurpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.09.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the house of the petitioner 14.400 litres of Indian Made Foreign Liquor was recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been recovery has been made from the house of the petitioner.

Patna High Court CR. MISC. No.77242 of 2019(2) dt.04-12-2019 2/2 Considering the quantity of recovery and the fact that the recovery has not been made from the physical conscious possession of the petitioner, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 2nd Additional Sessions Judge -cum- Special Judge (Excise), Darbhanga in connection with Bahadurpur P.S. Case No. 473 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T