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Patna High CourtCR. MISC./9809/2020allowed

Manish Kumar v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9809 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- RAJPUR District- Buxar ====================================================== Manish Kumar Son of Srikishun Singh Resident of Village Atari, P.S. Rajpur, District - Buxar.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Rajpur P.S. Case No. 256 of 2019 for offence under Section 30A of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case, total 750 ml. of foreign liquor was seized. The name of the petitioner has surfaced on the confessional statement of co-accused Abhishek Kumar and nothing has been recovered from his conscious possession.

Considering the fact that the petitioner has no criminal antecedent and his name has surfaced on the confessional statement of co-accused, this Court is inclined to grant bail to

Patna High Court CR. MISC. No.9809 of 2020(2) dt.29-02-2020 2/2 him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, 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 A.D.J-II-cum-Special Judge Excise Buxar in connection with Rajpur P.S. Case No. 256 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T