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Patna High CourtCR. MISC./18577/2019bail granted

Vishal Kumar v. The State Of Bihar

2019-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18577 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== VISHAL KUMAR, Son of Akhilesh Pandey, Resident of Village - Parsanwan, Medical Road, P.S. - Magadh Medical, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 This application, for grant of anticipatory bail, arises out of Sherghati (Dobhi) P.S. Case No. 01/19, disclosing offences under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 1.5 litres of liquor from the car parked near the bridge and petitioner disclosed himself to be driver and owner of the vehicle.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of police and in fact nothing has been recovered in this case. Statement has been made in para-3 of the petitioner that petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.18577 of 2019(2) dt.05-04-2019 2/2 circumstances of the case, quantity of recovery as well as the fact that petitioner has no criminal antecedent, 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Sherghati (Dobhi) P.S. Case No. 01/19, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T