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Patna High CourtCR. MISC./46162/2019bail granted

Pramod Kumar @ Mukhiya v. The State Of Bihar

2019-07-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46162 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== PRAMOD KUMAR @ MUKHIYA, aged about 25 years (M), S/o Chhotan Narayan @ Satyanarayan Singh, resident of village- Chamandi, P.S.- Kurtha, Distirct- Arwal.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Excise Case No. 188 of 2019, arising out of Kurtha P.S. Case No. 24 of 2019, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendement) Act, 2018.

About 100 liters of country made liquor has been recovered from an open field kept under the straw. Learned counsel for the petitioner submits that the said land does not belong to present petitioner and he has wrongly been made accused in the present case. He further submits that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.46162 of 2019(2) dt.26-07-2019 2/2 Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Jehanabad, in connection with Excise Case No. 188 of 2019, arising out of Kurtha P.S. Case No. 24 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 24.07.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T