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Patna High CourtCR. MISC./37559/2020bail granted

Mahesh Kumar Rai @ Mahesh Rai @ Mahesh Patel v. The State Of Bihar

2021-04-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37559 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- BISHANPUR CHOWK DistrictDarbhanga ====================================================== MAHESH KUMAR RAI @ MAHESH RAI @ MAHESH PATEL SON OF PREESADH NARAYAN RESIDENT OF VILLAGE TIRA JATAMALPUR, POLICE STATION- KALYANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bishanpur P.S. Case No. 55 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that 6.75 litres of liquor was recovered from the house of one Amber Kumar Pathak, who has disclosed before the police that the aforesaid consignment of liquor was supplied by the petitioner.

Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.37559 of 2020(2) dt.09-04-2021 2/2 that but for the confession of the arrested accused person in this case, there is no other material to connect the petitioner with the offence.

The petitioner does not have criminal antecedents. Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge-cum-Special Judge (Excise Act), Darbhanga in connection with Bishanpur P.S. Case No. 55 of 2020, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T