Patna High CourtCR. MISC./5047/2019bail granted

Kanchan Kumar Rai @ Kanchan Kumar v. The State Of Bihar

2019-01-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5047 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Kanchan Kumar Rai @ Kanchan Kumar son of Satendra Rai Resident of Village-Terasiya Shahpur Tola, P.S-Ganga Bridge , District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 6.12.2018 in a complaint case instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from a Santro car being driven by the petitioner, 160 litres of illicit country made liquor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner was not aware about the said liquor being carried in the car. It is further submitted that the owner of the car in question is co-accused Arun Mahto. 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 made

Patna High Court Cr.Misc. No.5047 of 2019(2) dt.30-01-2019 2/2 from the car which was being driven by the petitioner. Considering the nature of accusation and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named 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 the learned Additional Sessions Judge II-cum-Special Judge (Excise Act), Vaishali at Hajipur in connection with Complaint Case No. C2-150 of 2018.

(Dinesh Kumar Singh, J) anil/- U