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Patna High CourtCR. MISC./26056/2019bail granted

Atthni Paswan @ Ranjit @ Athanni Paswan v. The State Of Bihar

2019-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26056 of 2019 Arising Out of PS. Case No.-736 Year-2018 Thana- KOTWALI District- Patna ====================================================== 1.

Atthni Paswan @ Ranjit @ Athanni Paswan, Son of Late Kailash Paswan, Resident of Mohalla - Kamla Nehru Nagar, P.S.- Kotwali, Distt - Patna. 2.

Jitendra Kumar @ Gaurav @ Gairva, Son of Late Kailash Paswan, Resident of Mohalla - Kamla Nehru Nagar, P.S.- Kotwali, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Achintya Anand, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2019 This is an application for grant of anticipatory bail in connection with Kotwali P.S. Case No. 736 of 2018, disclosing offences under Sections 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story disclosed that police apprehended one person in drunken condition, who disclosed that he has purchased the liquor from a person near East Gardiner Road and on that, police raided and found one person was carrying one plastic bag and when he saw the police party, tried to fled away through his bag but the police party arrested him and recovered one plastic bag containing country made liquor, who disclosed that he used to supply the same to the petitioners. Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.26056 of 2019(3) dt.05-07-2019 2/2 is that except the disclosure of the co-accused, there is absolutely nothing against them. It has further submitted that petitioner no.1 is an accused in one more case which is of in the year 2016, but inadvertently, it has been mentioned is of year 2018.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that the name of the petitioners has been disclosed by the co-accused and no other material against the petitioner at present, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Court of Special Judge, Excise Act, Patna, in connection with Kotwali P.S. Case No. 736 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T