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Patna High CourtCR. MISC./79907/2018bail granted

Dilip Rai v. The State Of Bihar

2019-01-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79907 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Dilip Rai Son of Banarsi Rai @ Banarsi Pd. Yadav @ Chenarsi Pd. Yadav Resident of Village - Mahrani, P.S.- Mahmadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Prasad Singh For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mohammadpur P. S. Case No. 154 of 2018 dated 01.09.2018 instituted for the offences under Sections 30(a), 34, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Crude spirit in huge quantity is said to have been recovered from a truck as well as a pick-up van. The petitioner is the owner of neither of the vehicles. The name of the petitioner has come in the F.I.R. only on the basis of stray information provided to the raiding party.

Patna High Court Cr.Misc. No.79907 of 2018(2) dt.17-01-2019 2/2 Since there has not been any recovery from the constructive possession of the petitioner and the petitioner has clean antecedents, the petitioner, above-named, is directed to be released on bail, in the event of his 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, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Gopalganj in connection with Mohammadpur P. S. Case No. 154 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U