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Patna High CourtCR. MISC./69450/2023allowed

Dinesh Kora @ Dinesh Koda v. The State Of Bihar

2023-11-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69450 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== Dinesh Kora @ Dinesh Koda, Son Of Budhu Kora, Resident Of Village- Shri Kishun Korasi (WESTERN Tola), P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kajra P.S. Case No. 67 of 2022 registered for the offences punishable under Sections 30 (a) (b) (c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 40 litres of country made mahua liquor and utensils for manufacturing the liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The recovery was made from the joint house of the petitioner in which petitioner's five uncle and their family

Patna High Court CR. MISC. No.69450 of 2023(2) dt.01-11-2023 2/2 members are also residing. Learned counsel for the petitioner further submits that similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 60653 of 2023. He further submits that petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Kajra P.S. Case No. 67 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T