Patna High CourtCR. MISC./80185/2018bail granted

Ashish Kumar @ Aashish Kumar And ANR v. The State Of Bihar

2019-01-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80185 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- ITARHI District- Buxar ======================================================

1. Ashish Kumar @ Aashish Kumar S/o Sunil Kushwaha,

2. Lalu Rajbhar, S/o Shiv Shankar Rajbhar Both R/o Vill. Mahdah, P.S.- Buxar (M), Distt.- Buxar. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of Bihar Excise (Amendment) Act, 2018.

Four motorcycles were intercepted and petitioners and one other were caught on the spot whereas one person managed to escape from there. The police seized 200 bottles each containing country made liquor from all the four motorcycles. Submission on behalf of the petitioners is that nothing has been recovered from conscious possession of the petitioners and petitioners do not have any criminal antecedent. It is further submitted that even if the prosecution story assumed to be true,

Patna High Court Cr.Misc. No.80185 of 2018(2) dt.17-01-2019 2/2 then also, only near about 36 litre liquor is said to have been recovered from each motorcycle.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Act, Buxar in connection with Itarhi P.S. Case No. 304 of 2018.

(Hemant Kumar Srivastava, J) shahzad/- U T