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Patna High CourtCR. MISC./38899/2019bail granted

Chipa @ Raja v. The State Of Bihar

2019-06-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38899 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== CHIPA @ RAJA Son of Ratan Prasad Resident of Village - Ward No. - 12 Brahm Ashthan, P.S.- and Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Sitamarhi P.S.Case No.114 of 2019 registered for the offence under Sections 272, 273/34 of the I.P.C. and Section 30(a) of Bihar Prohibition Excise Act.

Accusation is that in course of raid of the house of Siya Ram Prasad, Koat Bazar Sitamarhi 133.560 liters of Indian made liquor was recovered but at the time of recovery Siya Ram Prasad was not found in his house. The people of vicinity disclosed the name of the petitioner Chipa @ Raja and Mukesh as partners of Siyaram Prasad in his business of illicit liquor.

Learned counsel for the petitioner submits that as per

Patna High Court CR. MISC. No.38899 of 2019(2) dt.26-06-2019 2/2 the allegation made in the F.I.R. seized liquor was recovered from the house of Siya Ram Prasad but the petitioner has been falsely implicated in this case. He further submits that he has not criminal antecedent.

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 four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J.-IIcum-Special Judge, Excise Act, Sitamarhi, in Sitamarhi P.S.Case No.114 of 2019 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U