Patna High CourtCR. MISC./2495/2019bail granted

Ram Singhasan Kumar Choudhary v. The State Of Bihar

2019-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2495 of 2019 Arising Out of PS. Case No.-941 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Ram Singhasan Kumar Choudhary, Son of Late Krishna Choudhary, Resident of Shivpuri Colony, Police Station- Husainabad, District- Palamu, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bharti For the Opposite Party/s :

Mr. Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.10.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that fifty litres of country made illicit liquor was recovered while the petitioner and other persons were carrying on a motorcycle.

It is submitted by learned counsel for the petitioner that recovery was not made from the conscious possession of the petitioner and the petitioner is framed in the present case. A statement has been made in paragraph no. 3 of the petition that

Patna High Court Cr.Misc. No.2495 of 2019(2) dt.21-01-2019 2/2 the petitioner is not having any criminal antecedent. Considering the nature of recovery and period of custody, coupled with statement made in paragraph no. 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 Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad in connection with CIS No. 941 of 2018, Excise Case No. 941 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T