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Patna High CourtCR. MISC./5160/2019allowed

Goutam Kumar v. The State Of Bihar

2019-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5160 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== Goutam Kumar Son of Vindeshwari Mandal @ Dileshwar Mandal resident of Tintanga Diyara, P.S. Rangra, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Kahalgaon (NTPC) PS Case No. 83 of 2018 for the alleged offence punishable under Sections 188, 290, 272, 273, 414 of the Indian Penal Code and Sections 30(a)/ 30(g) of the Bihar Excise Amendment Act, 2016.

In the instant case, allegation is that 17 liters of English wine has been recovered. Learned counsel representing the petitioner submits that petitioner has no criminal antecedent, and nothing was recovered from the conscious possession of the petitioner. Petitioner has no concern with the trade of liquor and he is in custody since 18.12.2018.

Patna High Court Cr.Misc. No.5160 of 2019(2) dt.30-01-2019 2/2 Considering the fact that petitioner has remained in custody since 18.12.2018, this application is allowed. Accordingly, let the petitioner above named, be released 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 2nd Additional District & Sessions Judge-cum-Special Judge (Excise Act), Bhagalpur in connection with Kahalgaon (NTPC) PS Case No. 83 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T