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Patna High CourtCR. MISC./52442/2021allowed

Upendra Mahto v. The State Of Bihar

2022-04-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52442 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== UPENDRA MAHTO Son of Hira Mahto Resident of Village- Gaur Rauza, P.S.- G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

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

The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case No. 74 of 2021 registered under Sections 30(a), 34, 36, 38 and 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Only on the confessional statement of co-accused, petitioner has been made accused in the present case. Further he submits that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the

Patna High Court CR. MISC. No.52442 of 2021(2) dt.08-04-2022 2/2 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 2nd Additional District and Sessions Judge-cum-Special Judge, Excise Act, Siwan in connection with G.B. Nagar P.S. Case No. 74 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C. shailendra/- (Arvind Srivastava, J) U T