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Patna High CourtCR. MISC./17834/2019allowed

Ram Bharosh Thakur @ Ram Bharos Thakur v. The State Of Bihar

2019-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17834 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== RAM BHAROSH THAKUR @ RAM BHAROS THAKUR S/o Prabhans Thakur Resident of Village- Ram Nagara, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Riga PS Case No. 358 of 2018 for the alleged offence punishable under Sections 272/273/414 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation in the instant case is that total 1584 liters of foreign liquor was seized from the truck. Learned counsel appearing for the petitioner would submit that petitioner has been made accused in the instant case as the truck was standing in front of the house of the petitioner. Learned counsel further submits that petitioner has no criminal antecedent and he has

Patna High Court CR. MISC. No.17834 of 2019(2) dt.26-03-2019 2/2 been in custody since 11.02.2019.

Considering the fact that petitioner has no criminal antecedent, nothing was recovered from the possession of the petitioner and he has been made accused only on suspicion and he has remained in custody since 11.02.2019, this application is allowed.

Accordingly, let the petitioner above-named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ADJ-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Riga PS Case No. 358 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T