Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79468 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== Upendra Kumar, aged about 24 years, male, Son of Naresh Paswan, Resident of Village - Azad Bigha, P.S. - Mali, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2020 The petitioner seeks bail in connection with Kutumba P.S. Case No. 160 of 2019, dated 23.10.2019, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It appears from the F.I.R. that 37 litres of liquor has been recovered from a motorcycle which was being driven by the petitioner.

Learned counsel for the petitioner submits that he has been arrested on mistaken identity.

The petitioner is in custody since 24.10.2019 and does not have criminal antecedents.

Patna High Court CR. MISC. No.79468 of 2019(3) dt.19-03-2020 2/2 Regard being had to the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Kutumba P.S. Case No. 160 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T