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Patna High CourtCR. MISC./37391/2018allowed

Rupesh Kumar v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37391 of 2018 Arising Out of PS. Case No.-323 Year-2018 Thana- BANKA District- Banka ====================================================== Rupesh Kumar son of Bhagirath Mandal @ Bhagirath Singh, resident of Village- Maniyarpurpur, P.S.- Masudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Banka P.S. Case No. 323 of 2018 for the offence under section 30(a) of Bihar Excise (Amendment) Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that in the instant case petitioner has been roped in this case only because he was travelling in the car from Banka to Bhagalpur. Learned counsel submits that in share vehicle petitioner was coming from Banka to Bhagalpur and he was totally unaware of the fact that in the vehicle liquor was loaded.

Petitioner is in custody since 12.05.2018.

Patna High Court Cr.Misc. No.37391 of 2018(2) dt.28-06-2018 2/2 Considering the fact that petitioner has no criminal antecedent and he has remained in custody for more than one and half months, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Banka, in connection with Banka P.S. Case No. 323 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T