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Patna High CourtCR. MISC./33270/2019allowed

Bhola Paswan v. The State Of Bihar

2019-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33270 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== BHOLA PASWAN Son of Late Jamuna Paswan Resident of Village- Rani Sarai, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather illicit liquor has been recovered from the house of the petitioner. There is no compliance under Section 100 of the Cr.P.C. In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the

Patna High Court CR. MISC. No.33270 of 2019(2) dt.23-08-2019 2/2 date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3334 of 2019 arising out of Bakhtiyarpur Police Station Case No. 99 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T