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Patna High CourtCR. MISC./3787/2019allowed

Shambhu Chaupal v. The State Of Bihar

2019-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3787 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== Shambhu Chaupal son of Juri Chaupal Resident of Village- Hardiya, P.S. Singhiya, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Singhiya P.S. Case No. 173 of 2018 for the offenses under Sections 272, 273 IPC and 30(A) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. In the instant case 576 liter of liquor was recovered. The same ws not recovered from the possession of the petitioner but from the Bhuskl in front of joint family house situated in open place and footpath used by the public.

Considering the fact that the petitioner has no criminal antecedent and he is in custody since 6.12.2018, let the

Patna High Court Cr.Misc. No.3787 of 2019(2) dt.25-01-2019 2/2 petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IIIrd-cum Special Judge, Excise Act, Samastipur in connection with Singhiya P.S. Case No. 173 of 2018. (Anil Kumar Upadhyay, J) spandey/- U T