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Patna High CourtCR. MISC./60653/2023allowed

Dinesh Kora@ Dinesh Koda v. The State Of Bihar

2023-10-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60653 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== Dinesh Kora @ Dinesh Koda Son of Nageshwar Kora, Resident of VillageShri Kishun Korasi, Ps- Kajra, Distt- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kajra P.S. Case No.67 of 2022 dated 29.05.2022 instituted under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the total recovery of 100 liter of country made liquor and 1000 liter java mahua liquor was made from the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case as he has not committed any offence. He further submits that recovery of liquor was made from the joint house of petitioner in which petitioner's five uncle and their family

Patna High Court CR. MISC. No.60653 of 2023(2) dt.11-10-2023 2/2 members were also residing and petitioner has no concern with the said seized liquor. Learned counsel also submits that criminal antecedent of petitioner is clean.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge V-cum-Exclusive Special Excise Court II, Lakhisarai in connection with Kajra P.S. Case No.67 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J.) Ritik/- U