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Patna High CourtCR. MISC./6452/2017bail granted

Lallu Gulgulia v. The State Of Bihar

2017-02-20Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6452 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ======================================================

1. Lallu Gulgulia Son of - late Chuharba Gulgulia Resident of Village- Kiul Brindawan, P.S. Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2017 Heard leaned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 12.01.2017 in connection with Jhajha Rail P.S.Case No. 14/2017 for offences punishable under Sections 30 (A), 38 (i) of Bihar Excise (Amendment) Act, 2016.

The prosecution case is that the petitioner was involved in the trade of illicit country made liquor. It is further alleged that the police has recovered 50 pouches of country made liquor from the possession of the petitioner and accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.6452 of 2017 (2) dt.20-02-2017 2/2 aforesaid case. He further submits that he has no criminal antecedent and only 10 litres of country made liquor was recovered and that too, no recovery from his conscious possession. However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence opposes the prayer for bail. Considering the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rail, Kiul ( Lakhisarai) in Jhajha Rail P. S. Case No. 14/2017, subject to the condition that the petitioner is directed to appear before the police/Court on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bond.

(Nilu Agrawal, J) Sudha/- U T