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Patna High CourtCR. MISC./637/2021allowed

Nandlal Mahto v. The State Of Bihar

2021-10-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.637 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== Nandlal Mahto S/o Late Bhuwali Mahato Resident of Village- Bairagi Tola, P.S.- Phulwaria, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-10-2021 Heard both sides.

The petitioner apprehends his arrest in Phulwaria P.S. Case No.17 of 2020 registered under Sections 30(a)/32(2)/41(i) of the Bihar Prohibition and Excise Act and Section 414 of the I.P.C.

Learned counsel for the petitioner submits that the petitioner has committed no offence and has falsely been implicated in the present case. On perusal of seizure list, it would be evident that the recovery was made from a wheat field and the petitioner has got no concern with the vehicle or the alleged liquor. The petitioner has got no criminal antecedent. Having considered the facts and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned

Patna High Court CR. MISC. No.637 of 2021(2) dt.26-10-2021 2/2 court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection with Phulwaria P.S. Case No.17 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Harish/- U T