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Patna High CourtCR. MISC./61568/2017bail granted

Abhishek Tiwary v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61568 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhishek Tiwary S/o Late Surendra Tiwary, R/o Mamarkha Bhai, Tola, P.S.- Malahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the State : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Govindganj (Malahi) P.S. Case No. 233 of 2017 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(A), 33 and 36 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of illicit Nepali Saufi liquors from the house as well as from the back side of the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has a clean antecedent and he is in

Patna High Court Cr.Misc. No.61568 of 2017 (2) dt.21-12-2017 2/2 custody since 13.09.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Motihari, District-East Champaran in connection with Govindganj (Malahi) P.S. Case No. 233 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T