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Patna High CourtCR. MISC./24918/2019bail granted

Pradeep Bhagat @ Pradeep Chourasia v. The State Of Bihar

2019-04-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24918 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Pradeep Bhagat @ Pradeep Chourasia, S/o Sri Mahanand Bhagat, R/o VillKairkhan, Ward No. 12, P.S. Forbesganj District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Nand Poddar For the Opposite Party/s :

Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Forbesganj Anchal Araria C. Case No. 02 of 2019 registered under Sections 30(a) of Bihar Prohibition of Excise Act.

5.910 lts. of foreign liquor is said to have been recovered from beneath the Sofa Set of the bed room and staircase of the house of the petitioner and petitioner absconded. It is submitted by learned counsel for the petitioner that the house of the petitioner is inhabited by several other family members and his bed room is shared by his brother Vijay Kumar also, and he had no knowledge of keeping of liquor in

Patna High Court CR. MISC. No.24918 of 2019(2) dt.18-04-2019 2/2 the bed room or at the stair by someone of his family as he was not present at the house at the time of recovery. He was not apprehended on the spot. He has no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge, Araria-cum-Special Judge, Excise, Araria in connection with Forbesganj Anchal Araria C. Case No. 02 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T