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Patna High CourtCR. MISC./6205/2019bail granted

Santosh Patel v. The State Of Bihar

2019-02-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6205 of 2019 Arising Out of PS. Case No.-586 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Santosh Patel, s/o Baliram Patel Resident of Village - Bhitha Madhiya, PSBairiya, Dist-West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil PS case no. 586 of 2018 registered for the offence punishable under Sections 30(a), 31, 35, 38, 41, 56(D) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 928.800 liters of illicit liquor from one car and tractor. The learned counsel for the petitioner submits that only the tractor belongs to the petitioner but he had given the same on rent, hence the petitioner cannot be said to be having any complicity in the matter. It is further submitted that the petitioner is an accused in three other similar types of cases but the petitioner is on bail in the said cases. Lastly, it is submitted

Patna High Court Cr.Misc. No.6205 of 2019(2) dt.04-02-2019 2/2 that the petitioner is having clean antecedent and he is languishing in custody since 31.10.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran, Bettiah in connection with Bettiah Muffasil PS case no. 586 of 2018. It is needless to state that in case, the petitioner is made accused henceforth in similar types of cases pertaining to the Bihar Prohition and Excise Act, 2016, the present privilege of bail shall stand cancelled automatically. (Mohit Kumar Shah, J) rinkee/- U T