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Patna High CourtCR. MISC./64722/2018allowed

Rakesh Kumavat @ Rakesh Kumar Kumawat v. The State Of Bihar

2019-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64722 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== Rakesh Kumavat @ Rakesh Kumar Kumawat Son of Rameshwar Kumavat, Resident of Village- Chak Ward No. 10, P.S. Data Ramgardh, District- Sikar Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Tistauta P.S. Case No. 37 of 2018 for the offence under sections 414 of the Indian Penal Code and Section 30(a), 32(ii), 38(ii), 41(i) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. He submits that nothing was recovered from the possession of the petitioner. He further submits that the persons from whose possession arms was seized was released taking advantage of benefit under section 167 of the Cr.P.C.

Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.64722 of 2018(4) dt.25-01-2019 2/2 antecedent and he is in custody since 10.7.2018, 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 Additional Sessions Judge-2nd cum Special Judge-Excise Act, Vaishali at Hajipur, in connection with Tistauta P.S. Case No. 37 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T