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Patna High CourtCR. MISC./42081/2019allowed

Gariban Sao @ Krishna Sao v. The State Of Bihar

2019-07-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42081 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== Gariban Sao @ Krishna Sao, Son of Late Ramchandra Sao, Resident of Village- Bhagalpur, P.S.- Bodh-Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with BodhGaya P.S. Case No. 236 of 2019 for the offence under Section 30(d) of the Bihar Prohibition and Excise Act, 2016. It is alleged that the Mahua and jaggery was seized from the shop of the petitioner, which is the raw material for manufacturing of Mahua wine.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 31.05.2019. He further submits that in the instant case 1683 Kg. Mahua and 242 Kg. Meetha (jaggery) was seized. He further submits that the seizure was made from the joint family house and not from the exclusive possession of the petitioner.

Patna High Court CR. MISC. No.42081 of 2019(2) dt.08-07-2019 2/2 Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Gaya in connection with Bodh-Gaya P.S. Case No. 236 of 2019. (Anil Kumar Upadhyay, J) uday/- U T