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Patna High CourtCR. MISC./43954/2023allowed

Ghantoli @ Nilay Singh v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43954 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== GHANTOLI @ NILAY SINGH S/O SUMAN PRASAD SINGH R/O VILLAGE- BAJALPUR, PS. TEGHRA, DIST. BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.PP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act

3. On secret information, the raid was conducted by informant and total 71.280 litres of foreign liquor was recovered from the tempo and four persons was apprehended by the police and they disclosed the name of the petitioner as person who fled away from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.43954 of 2023(2) dt.22-08-2023 2/3 no concern either with the seized liquor or the place of recovery or any trade of liquor.

5. Petitioner is agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Teghra P.S. Case No. 387 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably. father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

7. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.43954 of 2023(2) dt.22-08-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) sanjeev/- U T