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Patna High CourtCR. MISC./19090/2020bail granted

Raju Kumar v. The State Of Bihar

2020-04-27Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19090 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== Raju Kumar Son of Surendra Ram Resident of Village - Kolaharabigha, P.S.- Barbigha, Distt.- Sheikhpura.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Dr. Anjani Pd. Singh, Advocate.

For the Opposite Party :

Mr. Dilip Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2020 Heard Dr. Anjani Prasad Singh, learned counsel for the petitioner, and Mr. Dilip Kumar Sinha, learned A.P.P. for the State through Video Conferencing.

The petitioner seeks bail in connection with Barbigha P.S. Case No.68 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The accusation is that in course of raid by the police in the flour mill of the petitioner, one cartoon, containing 40 bottles of 180 ml. Indian Made Foreign Liquor, was recovered from the room of the flour mill. While the petitioner tried to flee away from the flour mill but, on chase, he was apprehended.

Learned counsel appearing on behalf of the petitioner

2/2 submits that the petitioner has no criminal antecedent and is in custody since 09.03.2020. Further submission is that the alleged bottles of Indian Made Foreign Liquor were not recovered from the conscious possession of the petitioner. Having regard to the facts and the circumstances of the case and also considering the quantity of the alleged seized Indian Made Foreign Liquor, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5000/- (Rupees five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Sheikhpura, in connection with Barbigha P.S. Case No.68 of 2020 in Excise Case No.136 of 2020.

(Rajendra Kumar Mishra, J) P.S./- U T