Patna High Court - Orders
Sidharth Kumar @ Shivam Kumar @ Shivan ... vs The State Of Bihar on 20 February, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10034 of 2019
Arising Out of PS. Case No.-241 Year-2018 Thana- GOVINDPUR District- Nawada
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1. Sidharth Kumar @ Shivam Kumar @ Shivan Kumar, aged about 22 years
(male), Son of Bam Bam Singh
2. Abhishek Kumar @ Amit Kumar aged about 20 years (male), Son of Abhay
Kumar
3. Suraj Kumar @ Rohit Kumar, aged about 19 years (male), Son of Pashupati
Singh
All Resident of Village - Mahrath, P.S.- Kashichak (O.P. Sahpur), District-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Kumar
For the Opposite Party/s : Mr. Veena Kumari Jaiswal
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 20-02-2019Heard leaned counsel for the petitioners and learned APP for the State.
The petitioners are languishing in custody since 28.12.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court Cr.Misc. No.10034 of 2019(2) dt.20-02-2019 2/3 The prosecution case is that on 27.12.2018, a car was intercepted from which 132 litres of Bear of different brands were seized. It is further alleged that the car was being driven by co-accused, Manoj Kumar Sharma and the petitioners were found sitting in the car.
It is submitted by learned counsel for the petitioners that they were simply passengers in the vehicle in question and they were not aware about the illicit liquor kept in the said vehicle. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP for the State submits that recovery has been made from the vehicle in which the petitioners were found sitting.
Considering the nature of recovery and the petitioners neither being the owner nor driver of the vehicle in question, coupled with statement made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners 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 learned A.D.J.-II- Patna High Court Cr.Misc. No.10034 of 2019(2) dt.20-02-2019 3/3 cum-Special Judge, Nawada in connection with Govindpur P.S. Case No.241 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/-
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