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Patna High CourtCR. MISC./39136/2019allowed

Kundan Ray v. The State Of Bihar

2019-06-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39136 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Kundan Ray Son of Radhey Shyam Ray Resident of Village - Bhangaha, P.S.- Chanpatia, dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Chanpatia P.S. Case No. 305 of 2018 for the offence under section 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that petitioner was never made accused for the offence under prohibition and excise Act.

In the instant case the police on search seized approximately 800 liters of Indian Made Foreign Liquor (IMFL).

Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner. The Petitioner is in custody since 25.3.2019. Considering the fact that petitioner has remained in

Patna High Court CR. MISC. No.39136 of 2019(2) dt.26-06-2019 2/2 custody for more than three months, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Chanpatia P.S. Case No. 305 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T