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Patna High CourtCR. MISC./49364/2021allowed

Kuldip Ray v. The State Of Bihar

2022-03-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49364 of 2021 Arising Out of PS. Case No.-415 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== KULDIP RAY Son of Shiva Ray @ Shivanand Ray Resident of Village - Gangdhara, P.S.- Phulparash, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phulparash P.S. Case No. 415 of 2019 corresponding to G.R. No. 1893 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to local village politics. Further submission is that on perusal of first information report and seizure list, it would be evident that the alleged recovery has been made from the fuel house of the petitioner. The said fuel house is the joint family house of the petitioner. Further he

Patna High Court CR. MISC. No.49364 of 2021(2) dt.25-03-2022 2/2 submits that petitioner has no concern with the alleged recovery and he is a man of clean antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Phulparash P.S. Case No. 415 of 2019 corresponding to G.R. No. 1893 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T