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Patna High CourtCR. MISC./20493/2023bail granted

Sudhir Kumar @ Sudhir Mahto v. The State Of Bihar

2023-05-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20493 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== SUDHIR KUMAR @ SUDHIR MAHTO Son of Rajendra Mahto Resident of Village - Sitarampur Ward No.- 10, P.S.- Matihani, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Act, 2016.

Prosecution case is that 10.5 liters of whisky wine was recovered from the vehicle.

Learned counsel appearing for the petitioner submits that the said liquor has been recovered form possession of coaccused Krishna Nishad. The name of the petitioner has been transpired merely because he happens to be the owner of the vehicle in question which was being used by the one Jitendra Kumar. He further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no

Patna High Court CR. MISC. No.20493 of 2023(2) dt.15-05-2023 2/2 criminal antecedent.

Learned counsel for the State opposed the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise-II, Begusarai in connection with Begusarai (Sadar) Excise Police Station Case No. 207 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T