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Patna High CourtCR. MISC./17667/2022bail granted

Niranjan Rai v. The State Of Bihar

2022-04-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17667 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- MAHINDWARA District- Sitamarhi ====================================================== NIRANJAN RAI, Son of Late Parikshan Rai, Resident of village - Korlahia Hari Narayan, P.S.- Mahindwara, District - Sitamarhi. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Mahindwara P.S. Case No. 188 of 2021 for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

Paragraph no.9 of this bail petition reads as follows:- "9. That neither the Khata No. nor the plot number has been given and if the said house is being auctioned by the State Government the petitioner has no objection as the same does not belong to the petitioner."

Considering the above statement made by the

Patna High Court CR. MISC. No.17667 of 2022(2) dt.08-04-2022 2/2 petitioner, this bail application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court I, Sitamarhi, in connection with Mahindwara P.S. Case No. 188 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Office is directed to send a copy of this order to the District Magistrate, Sitamarhi through FAX or e-mail forthwith so that he may take necessary steps for auction of the house from which the liquor has been recovered.

(Sandeep Kumar, J) pawan/- U T