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Patna High CourtCR. MISC./11488/2020allowed

Rajesh Singh v. The State Of Bihar

2020-03-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11488 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== RAJESH SINGH Son of Sri Late Bhuneshwar Singh Resident of Village - Pipra, P.S.- Arrah Muffasil (Dhobaha), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Excise Case No. 95 of 2020 arising out of Arrah Muffasil (Dhobaha) P.S. Case No. 10 of 2020 for the offence under Section 30(a) of the Bihar Excise and Prohibition Act, 2016 and under Section 447 of the Indian Penal Code.

Allegation against the petitioner is that in the instant case a total of 15.120 litres liquor was seized. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and the liquor was recovered from the premise of one Chathu Teli and not from the possession or house of the petitioner.

Considering the fact that petitioner has no criminal antecedent and recovery was made from the premise of Chathu

Patna High Court CR. MISC. No.11488 of 2020(2) dt.04-03-2020 2/2 Singh, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge-cum-Special Judge (Excise), Bhojpur, Arrah in connection with Excise Case No. 95 of 2020 arising out Arrah Muffasil (Dhobaha) P.S. Case No. 10 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event in future, if the petitioner is found to be involved in any such activities, the Court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T