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Patna High CourtCR. MISC./14780/2019bail granted

Rajgir Yadav v. The State Of Bihar

2019-03-13Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14780 of 2019 Arising Out of PS. Case No.-380 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rajgir Yadav (Male), aged about 21 years, Son of Raj Karan Yadav, Resident of Village - Mausimpur, P.S.- Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with G.O. Case No. 1591 of 2017 arising out of Sadar P.S. Case No. 380 of 2017, dated 01.10.2017, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Approximately 596 litres of liquor is said to have been recovered from the brick kiln of one Ashok Sah and Rajo Singh. The name of the petitioner has transpired on

Patna High Court CR. MISC. No.14780 of 2019(2) dt.13-03-2019 2/3 the statement of the spy of the police that the petitioner also indulges, along with the other accused persons in storing liquor for the purposes of sale. In the present instance, the liquor was found to have been stored in a brick kiln for being sold on the occasion of Muharram.

The learned counsel for the petitioner has submitted that but for the vague statement which is said to have been made by a spy, there is no other material to connect the petitioner with the offence. The petitioner has got no concern at all with the place/brick kiln from where the recovery of liquor has been made.

Apart from the above, the petitioner has clean antecedents.

Considering the aforesaid facts, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.14780 of 2019(2) dt.13-03-2019 3/3 learned Addl. Sessions Judge-Vth-Cum-Special Judge (Excise Act), Darbhanga in connection with G.O. Case No. 1591 of 2017 arising out of Sadar P.S. Case No. 380 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T