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Patna High CourtCR. MISC./68225/2018allowed

Arun Mandal And ANR v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68225 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- DANDKHORA District- Katihar ======================================================

1. Arun Mandal son of Mangan Mandal, resident of village Prem Nagar, P.S. Dandkhora, District- Katihar

2. Mosmat Radhika Devi alias Mosmat Rakhika Devi, wife of late Dinesh Kurail, resident of village Bari Tola (Mochi Tola), P.S. Dandkhora, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Dandkhora P.S. Case No. 76 of 2018 for offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016 of the Indian Penal Code.

Counsel for the petitioners would submit that similarly circumstanced co-accused Uttam Das alias Utam Kumar Das has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 62258 of 2018 vide order dated 5.10.2018 and as such the petitioners having similar allegations are entitled to similar treatment.

Patna High Court Cr.Misc. No.68225 of 2018(2) dt.14-12-2018 2/2 Considering the fact that similarly circumstanced other co-accused has been granted anticipatory bail and the petitioners have no criminal antecedent, let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ADJ-II cum- Special Judge (Excise Act), Katihar, in connection with Dandkhora P.S. Case No. 76 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T