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Patna High CourtCR. MISC./44048/2021bail granted

Dinesh Kumar Roy v. The State Of Bihar

2022-02-22Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44048 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== DINESH KUMAR ROY S/O SHIV MANGAL ROY Resident of Near River Amarawati Colony Chutia, P.S.- Chutia, District- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-02-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Mahendia P.S. Case No. 65 of 2021, arising out of Excise Case No. 425 of 2021 registered for the offence under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the person from whom the liquor was recovered has wrongfully named the petitioner who has also involved in the case. Neither the vehicle is in his name nor he was present at the place of incident from where the liquor was recovered. Having considered the aforesaid, this Court is satisfied that the offence under Section 30 (a) is not made out against the petitioner.

Patna High Court CR. MISC. No.44048 of 2021(3) dt.22-02-2022 2/2 In view thereof, I am inclined to grant benefit of anticipatory bail to the above named petitioner and in the event of arrest he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) pravinkumar/- U T