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Patna High CourtCR. MISC./16078/2020allowed

Nasim Khan @ Kallu Khan v. The State Of Bihar

2020-06-12Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16078 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== NASIM KHAN @ KALLU KHAN S/o Nasru Khan @ Nasruddin Khan R/o Mohalla- Karmauni, P.S.- Sherghati (Dobhi), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sherghati (Dhobhi) P.S. Case No. 612 of 2019 (Excise Case No. 2254 of 2019) for the offence registered under Section 30(d) of the Bihar Excise Prohibition Act, 2016. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has surfaced on the basis of the confessional statement made before the police by coaccused Arvind Yadav, which has no evidentiary value. It is further submitted that the petitioner has no criminal antecedent. Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.16078 of 2020(2) dt.12-06-2020 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (Excise Act), Gaya in connection with Sherghati (Dobhi) P.S. Case No. 612 of 2019 (Excise Case No. 2254 of 2019), subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Jagdish/- U T