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Patna High CourtCR. MISC./11491/2015bail granted

Dharmendra Prasad @ Rinku Prasad v. The State Of Bihar

2015-06-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11491 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -MAJHAULIA District- WEST CHAMPARAN (BETTIAH) ====================================================== Dharmendra Prasad @ Rinku Prasad son of Baidyanath Prasad Resident of Village - Jaukatiya Naidih, P.S. - Majhaulia, District - West Champaran at Bettiah.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.13260 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -MAJHAULIA District- WEST CHAMPARAN (BETTIAH) ====================================================== Kapildeo Prasad @ Bagar Son of Sheo Pujan Prasad Resident of village - Jaukatia, P.S. Majhaulia, District - West Champaran ( Bettiah ) .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.11491 of 2015) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. A.K.Chaudhary (APP) (In Cr.Misc. No.13260 of 2015) For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mrs. Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.

The petitioners in Cr. Misc. No. 11491/2015 and Cr. Misc. No. 13260/2015, namely, Dharmendra Prasad @ Rinku Prasad and Kapildeo Prasad @ Bagar, apprehend their arrest in a case under Sections 272, 273, 420, 34 of the Indian Penal Code

Patna High Court Cr.Misc. No.11491 of 2015 (3) dt.24-06-2015 2/2 and Section 47A of the Excise Act.

One truck was seized, from which, 3200 litres of spirit and 2 SIM cards were recovered. It is alleged that the driver and the owner of the truck along with 3-4 persons used to manufacture illicit liquor. It is submitted that the petitioners are not involved in manufacturing illicit liquor and there is absolutely no evidence against the petitioners. Similarly situated co-accused Ganesh Prasad has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 9601/2015.

Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Bettiah in Majhaulia P.S. Case No. 222/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T