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Patna High CourtCR. MISC./29440/2019allowed

Abhishek @ Abhishek Kumar Gope @ Seth v. The State Of Bihar

2019-05-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29440 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== 1.

ABHISHEK @ ABHISHEK KUMAR GOPE @ SETH Son of Bhallu Gope Resident of Village - Krishnauta Tola, Baikathpur, P.S.- Khushrupur, District- Patna 2.

Intush Kumar Son of Lala Gope Resident of Village - Krishnauta Tola, Baikathpur, P.S.- Khushrupur, District- Patna 3.

Bhallu Gope Son of Late Brikchh Gope Resident of Village - Krishnauta Tola, Baikathpur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rekha Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khushroopur P.S. Case No. 45 of 2019 for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made

Patna High Court CR. MISC. No.29440 of 2019(2) dt.13-05-2019 2/2 from the mustard field of Vimal Singh and the petitioners have no concern with the alleged recovery. Hence, the petitioners may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their surrender within a period of four weeks 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 learned Special Judge, Excise, Patna in connection with Khusrupur P.S. Case No. 45 of 2019/ Special Case No. 1858 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T