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Patna High CourtCR. MISC./33472/2018allowed

Saroj Kumar v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33472 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Saroj Kumar, son of late Ghanshyam Mandal, resident of Mohalla-Nashrat Khani, Ward No. 11 P.S.-Lalmatia, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Das For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Rail Police Station Bhagalpur P.S. Case No. 84 of 2018 for the offense punishable under section 30(A) of the Bihar Prohibition And Excise Act 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The prosecution case indicates that liquor was kept in battery box of the boggy. Learned counsel submits that the bags carrying liquor does not belong to the petitioner. He further submits that the petitioner is a daily wager worked in N.T.P.C. Kahalgaon, Bhagalpur. While returning from Kahalgaon, he was arrested. In the instant case nothing was recovered from the conscious possession of the

Patna High Court Cr.Misc. No.33472 of 2018(2) dt.05-06-2018 2/2 petitioner.

Petitioner is in custody since 24.04.2018.

Considering the facts and circumstances indicated herein above, 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, Bhagalpur, in connection with Bhagalpur P.S. Case No. 84 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T