Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80635 of 2019 Arising Out of PS. Case No.-680 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== AVINASH KUMAR, Son of Shatrudhan Prasad Yadav Resident of Village - Khaira, P.S.- Saraiya (Jaintpur O.P.), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is a person for clean antecedent and is in custody since 11.10.2019, seeks bail in connection with Saraiya (Jaintpur O.P.) P. S. Case No. 680 of 2019, dated 11.10.2019 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.80635 of 2019(2) dt.16-12-2019 2/3 Act, 2016.

From the pick-up van which was intercepted, 369 litres of liquor was recovered.

It is alleged that the driver of the pick-up van and the two persons on a motor-cycle who were escorting the aforesaid pick-up van, were arrested on chase. The petitioner is one of them.

It has been submitted that the petitioner is neither the driver of the pick-up van nor is the owner of the motor-cycle which was used in the occurrence. The petitioner is also not stated to be driving the motorcycle. Considering the period of custody of the petitioner and his clean antecedent, the petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.80635 of 2019(2) dt.16-12-2019 3/3 Special Judge, Excise Act, Muzaffarpur in connection with Saraiya (Jaintpur O.P.) P. S. Case No. 680 of 2019. (Ashutosh Kumar, J) skm/- U