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Patna High CourtCR. MISC./33551/2018allowed

Mahadeo Ram @ Rajesh Ram v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33551 of 2018 Arising Out of PS. Case No.-256 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== MAHADEO RAM @ RAJESH RAM, S/o Late Pardeshi Ram, Resident of Mohalla Near Yarpur Pul, Police Station - Gardanibagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 3510 of 2018, arising out of Agamkuan P.S. Case No. 256 of 2018 for the offenses punishable under sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Referring to seizure list, he submits that the alleged recovery was not made from the conscious possession of the petitioner, but from the open field. Petitioner is in custody since 12.04.2018.

Considering the fact that nothing was recovered from the conscious possession of the petitioner, but from the open field and petitioner has no criminal antecedent and he has

Patna High Court Cr.Misc. No.33551 of 2018(2) dt.05-06-2018 2/2 remained in custody for nearly one and half months, let the petitioner, named above, 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 Special Judge - Excise, Patna, in connection with Special Case No. 3510 of 2018 arising out of Agamkuan P.S. Case No. 256 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T