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Patna High CourtCR. MISC./61198/2017bail granted

Avinash Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61198 of 2017 Arising Out of PS.Case No. -265 Year- 2017 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Avinash Kumar, Son of Bablu Patel @ Ram Nath Singh, Resident of Mohalla- Sikandarpur, P.S.- Sikandarpur, O.P. District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== 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 Brahampura P.S. Case No.265 of 2017 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 90 litres of Indian made foreign liquor from the Car belonging to the petitioner and the petitioner is said to have been apprehended from the spot.

The learned counsel for the petitioner submits that the allegations are false and the petitioner has been falsely implicated

Patna High Court Cr.Misc. No.61198 of 2017 (2) dt.21-12-2017 2/2 in the present case. It is further submitted that the petitioner has to a clean antecedent and is languishing in custody since 03.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that he 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, Muzaffarpur in connection with Brahampura P.S. Case No.265 of 2017. (Mohit Kumar Shah, J) N.H./- U T