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Patna High CourtCR. MISC./9870/2019bail granted

Guddu Bharti And ANR v. The State Of Bihar

2019-02-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9870 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- GOH District- Aurangabad ======================================================

1. GUDDU BHARTI(M), aged about 39 years, S/o Kariman Bharti

2. Jitendra Mishra(M), aged about 41 years, S/o Late Rajendra Mishra Both R/o Deohara, P.S.-Goh, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

The petitioners apprehend their arrest in Goh P.S. Case No.279 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant, a police officer, alleged that during the course of patrolling, he received information about the preparation of illicit country made liquor in the orchard of Kamlesh Malakar on such, raid was conducted and 30 liters of Indian made foreign liquor made by Mahua and 11 quintals Mahua were recovered. The informant named the petitioners along with Kamlesh Malakar.

The learned counsel for the petitioners submits that petitioners have falsely been implicated in the case. They have

Patna High Court Cr.Misc. No.9870 of 2019(2) dt.19-02-2019 2/2 no manner of concern from the orchard and the Mahua liquor being prepared in the orchard of Kamlesh Malakar. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge(Excise), Aurangabad in connection with Goh P.S. Case No.279 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T