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Patna High CourtCR. MISC./68241/2018allowed

Shankar Kumar @ Shankar Chaudhary 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.68241 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Shankar Kumar @ Shankar Chaudhary Son of Umesh Chaudhary Resident of Village- Madanpur Bazar G.T. Road From North P.S. Madanpur, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Madanpur P.S. Case No. 213 of 2018 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Referring to the prosecution case, learned counsel for the petitioner submits that allegation against the petitioner is that he was involved in illicit sale and purchase of wine. Learned counsel submits that name of the petitioner surfaced on the confessional statement of Rohit Kumar from whose possession illicit liquor was seized.

Considering the fact that petitioner has no criminal antecedent and nothing was recovered from his conscious

Patna High Court Cr.Misc. No.68241 of 2018(2) dt.14-12-2018 2/2 possession, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special (Excise), Aurangabad, in connection with Madanpur P.S. Case No. 213 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T