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Patna High CourtCR. MISC./15247/2021allowed

Bhagesh Giri @ Rajiv Ranjan Yati v. The State Of Bihar

2022-02-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15247 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== BHAGESH GIRI @ RAJIV RANJAN YATI Son of Heeralal Giri @ Heeralal Yati Resident of Village - Pipra Khas Khadi, P.S. - Mirganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Ms.Sharda Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-02-2022 Heard both sides.

The petitioner apprehends his arrest in Phulwariya P.S. Case No.178 of 2020 registered under Sections 30(a), 32(b) and 41(1) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the seized vehicle and the liquor and he is neither the owner nor the driver of the vehicle in question as has been stated in para 3 and 4 of the supplementary affidavit. The petitioner has got no criminal antecedent.

Having considered the above facts and circumstances of the case, the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.15247 of 2021(4) dt.03-02-2022 2/2 arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Additional District & Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection with Phulwariya P.S. Case No.178 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T