Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81901 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== 1.

ANKIT KUMAR Son of Raj Kumar Ram Resident of Village - Baro Rajdevpur, Ward No. 7, P.S.- Garhara, Distt - Begusarai. 2.

Bittu Kumar Yadav Son of Mukesh Yadav Resident of Village - Baro Rajdevpur, Ward No. 7, P.S.- Garhara, Distt - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 3.10.2019 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 from the possession of the petitioners, 42 and 36 litres of country made liquor respectively were recovered on Kiul Railway station while they were travelling in a train.

It is submitted by learned counsel for the petitioner that the recovery has been thrust upon the petitioners. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.81901 of 2019(2) dt.11-12-2019 2/2 Learned APP submits that the recovery of illicit liquor has been made from the possession of the petitioners. Considering the nature of recovery, statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent and the period under custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -II-cum-Special Judge, Excise, Lakhisarai in connection with Kiul GRP P.S. Case No. 178 of 2019. (Dinesh Kumar Singh, J) anil/- U