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Patna High CourtCR. MISC./19453/2020bail granted

Ram Vilash Das v. The State Of Bihar

2020-06-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19453 of 2020 Arising Out of PS. Case No.-346 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== Ram Vilash Das Son of Late Ram Vasi Das Resident of Village - Kamargama, P.S.- Kalyanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 16.12.2019 has filed the instant application for grant of regular bail in connection with Kalyanpur P.S. Case no. 346 of 2019 registered under sections 30(a) and 41(2) (1) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted, 114.900 litres of IMFL is stated to have been recovered from the orchard of the petitioner. It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted, no recovery as alleged has taken place, he is in custody since 16.12.2019 and has no criminal antecedent.

Patna High Court CR. MISC. No.19453 of 2020(3) dt.29-06-2020 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and he is in custody since 16.12.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case no. 346 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Samastipur. (Partha Sarthy, J) Prakash/- U