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Patna High CourtCR. MISC./51794/2023bail granted

Gulshan Kumar @ Gulshan Kumar Yadav v. The State Of Bihar

2023-08-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51794 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== GULSHAN KUMAR @ GULSHAN KUMAR YADAV S/O Amiri Lal Yadav R/O Village- Bardiwan, P.S- Town, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

3. Prosecution case is that 447 liters illicit liquor was recovered from Pick Up vehicle.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the vehicle in question. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.

5. Considering the facts of the case, this pre-arrest

Patna High Court CR. MISC. No.51794 of 2023(2) dt.19-08-2023 2/2 bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise, Madhubani in Madhubani town Police Station Case No. 111 of 2023/GR No.562 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T