Patna High CourtCR. MISC./59122/2017bail granted

Ankesh Kumar v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59122 of 2017 Arising Out of PS.Case No. -446 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Ankesh Kumar S/o Rambharosa Singh, R/o Village- Ramdiri, P.S.- Matiharni, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muffasil P.S.Case No. 446 of 2017 instituted for the offence punishable under Section 414 of the Indian Penal Code and 30 ( A) of the Bihar Excise Prohibition Amendment Act, 2016. The allegation is regarding recovery of 26 liters of foreign liquor from the Swift VDI car.

Learned counsel for the petitioner submits that in fact no recovery has been affected from the conscious possession of the petitioner and he has been falsely implicated in the present case. It is stated that the petitioner is neither the owner of the said

Patna High Court Cr.Misc. No.59122 of 2017 (2) dt.22-12-2017 2/2 vehicle nor he is a driver of the said vehicle and he is in custody since 25.09. 2017.

Considering the nature of accusation and the period of custody undergone, I deem it fit and appropriate to direct the release of the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-7th-Cum Special Judge, Bihar Prohibition and Excise Act, Begusarai in connection with Muffasil P.S.Case No. 446/2017 . (Mohit Kumar Shah, J) Sudha/- U T