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Patna High CourtCR. MISC./52436/2021allowed

Awanish Kumar v. The State Of Bihar

2022-04-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52436 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

AWANISH KUMAR SON OF RAMAKANT PRASAD @ RAMAKANT RAY R/O VILLAGE- MOHADDIPUR, P.S.- CHIRAIYA, DIST.- EAST CHAMPARAN 2.

NITISH KUMAR SON OF RAMAKANT PRASAD @ RAMAKANT RAY R/O VILLAGEMOHADDIPUR, P.S.- CHIRAIYA, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Chiraiya P.S. Case No. 126 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioners. Further he submits that from perusal of seizure list, it is evident that the alleged recovery has been made near the canal. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.52436 of 2021(2) dt.08-04-2022 2/2 Having considered the facts and circumstances of the case, let the above named petitioners 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 Special Judge, Excise Act, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 126 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T