Om Shankar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8971 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Om Shankar Dubey, aged about 24 years, male, Son of Krishnakant Dubey Resident of Village - Salempur, P.S. Ara Mufassil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2019 This is an application for grant of anticipatory bail in connection with Excise Case No. 2136 of 2018 arising out of Ara Mufassil (Dhobaha O.P) P.S. Case No.377/2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

Allegation is of recovery of 34.560 liters liquor from the possession of two accused persons and they have disclosed the name of the petitioner as the supplier.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case only on the basis of confessional statement of co-accused persons. Further, he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above

Patna High Court Cr.Misc. No.8971 of 2019(2) dt.14-02-2019 2/2 submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 4th-cum-Special Judge, Excise Act, Bhojpur at Ara, in connection with Excise Case No. 2136 of 2018 arising out of Ara Mufassil (Dhobaha O.P) P.S. Case No.377/2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T