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Patna High CourtCR. MISC./25087/2019bail granted

Sunil @ Dhurkheli Pal @ Gajendra Raut v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25087 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Sunil @ Dhurkheli Pal @ Gajendra Raut, aged about 39 years, Male, Son of Sri Madan Raut @ Madan Pal, resident of village - Gareria Tola, P.S.- Salimpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 838 of 2019 arising out of Salimpur P.S. Case no. 14 of 2019, registered under Sections 30(a)(g) and 38 of the Bihar Prohibition Excise Amendment Act. 15 litres of country made liquor is said to have been recovered from the bank of old Ganga river allegedly thrown there by the petitioner who managed to escape seeing the police party.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no

Patna High Court CR. MISC. No.25087 of 2019(2) dt.18-04-2019 2/2 concern with the seized liquor. Place of recovery is open place and is easily accessible to anyone. He was not apprehended on the spot. Identity and genuineness of the source of information has not been mentioned in the written report. He has no criminal antecedent.

Having regard to 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 the learned Special Judge, Excise Act, Patna in connection with Special Case No. 838 of 2019 arising out of Salimpur P.S. Case no. 14 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T