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Patna High CourtCR. MISC./53686/2018bail granted

Karu Saw v. The State Of Bihar

2018-09-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53686 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== Karu Saw, Son of- Bhola Saw, resident of Village- Saithna, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sanjeev Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-09-2018 Heard Sri Sanjeev Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Halsi P.S. Case No. 114 of 2018, registered for the offence under Section 30(a)/38(i)(ii) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner by way of referring to the statement made in paragraph - 3 of the petition submits that petitioner is having clean antecedent. He further submits that on false accusation of recovery of foreign liquor totaling about 16.875 liters petitioner has been made accused. He submits that search and seizure was made in complete violation of Section 100 of the Code of Criminal Procedure,

Patna High Court Cr.Misc. No.53686 of 2018(2) dt.10-09-2018 2/2 1973.

Be that as it may, considering the nature of accusation and clean antecedent of the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let petitioner - Karu Saw 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 District and Sessions Judge II - cum- Special Judge (Excise ), Lakhisarai / concerned court in connection with Halsi P.S. Case No. 114 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T