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Patna High CourtCR. MISC./3973/2020bail granted

Rajiv Kumar v. The State Of Bihar

2020-03-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3973 of 2020 Arising Out of PS. Case No.-241 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== 1.

RAJIV KUMAR Son of Upendra Yadav Resident of Village- Mandai, P.S.- Ghosi (Okari O.P.), District- Jehanabad.

2.

Niranjan Kumar Son of Nageshwar Yadav Resident of Village- Mandai, P.S.- Ghosi (Okari O.P.), District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Excise Case No. 756/2019 arising out of Ghosi (Okari O.P.) P.S. Case No.241/2019 registered for the offence under Section 30A of the Bihar Prohibition and Excise Act, 2018.

Prosecution case is that 50 litres of country made wine and other articles to be used in preparation of wine are said to have recovered from the bank of river Falgu. Learned counsel for the petitioners submits that nothing is recovered from the conscious possession of petitioners. Petitioner have falsely been implicated in this case only on the basis of suspicion. It is further submitted that

Patna High Court CR. MISC. No.3973 of 2020(2) dt.04-03-2020 2/2 petitioners have clean antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Special Judge Excise Jehanabad in connection with Excise Case No. 756/2019 arising out of Ghosi (Okari O.P.) P.S. Case No.241/2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Prabhat Kumar Singh, J) SUMIT/- U T