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Patna High CourtCR. MISC./30790/2018allowed

Kailash Ram v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30790 of 2018 Arising Out of PS.Case No. -217 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Kailash Ram Son of Sakaldev Ram Resident of Village Radhanagar, P.S. Mushari, Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mushahari P.S. Case No. 217/17, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 36 and 38 of the Excise Act. Allegation is of recovery of 4 litres of country made liquor.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather the recovery was made under the Bridge of Manika Man, which will appear from the seizure list and petitioner has falsely been made accused in this case.

Patna High Court Cr.Misc. No.30790 of 2018 (2) dt.04-06-2018 2/2 Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J - III - cum-Special Judge, Excise, Muzaffarpur, in connection with Mushahari P.S. Case No. 217/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) sunil/- U T