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Patna High CourtCR. MISC./71123/2018allowed

Satrudhan Singh v. The State Of Bihar

2018-12-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71123 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Satrudhan Singh, son of Babudhan Singh, resident of Village- Asani, P.S. Udwant Nagar, District- Bhojpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Udwantnagar P.S. Case No. 248 of 2018 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Referring to the prosecution case, learned counsel submits that the name of the petitioner was disclosed by the Chaukidar. He submits that the Mahua wine was not recovered from the possession of the petitioner whereas it was recovered from an open space near the Peepal tree of Braham Asthan.

Considering the fact that petitioner has got no criminal antecedent and also the fact that liquor was seized from

Patna High Court Cr.Misc. No.71123 of 2018(2) dt.17-12-2018 2/2 an open space, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge-cum-Spl. Judge, Excise, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 248 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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