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Patna High CourtCR. MISC./40632/2018allowed

Raju Nat And ANR v. The State Of Bihar

2018-07-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40632 of 2018 Arising Out of PS. Case No.-190 Year-2018 Thana- RUPASPUR District- Patna ======================================================

1. Raju Nat, S/o Late Mantu Nat, R/o Toli Saguna Golamber, P.S.- Danapur, District- Patna.

2. Satyendra Nat S/o Prabhu Nat, R/o Nat Toli, Saguna Golamber, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-07-2018 Heard the learned counsel for the petitioners sand State.

The petitioners are in custody in connection with Special Case No. 4508 of 2018, arising out of Rupaspur P.S. Case No. 190 of 2018 for the offence under Sections 399/400/402/414 of the I.P.C. and Section 25(1-b)a, 26/35 of Arms Act and Section 38(1), 41(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Learned counsel submit that petitioners have no concern with either the vehicle or motorcycle nor the liquor. In the instant case 10 liters each mahua liquor was seized and pistol with live cartridge was also

Patna High Court Cr.Misc. No.40632 of 2018(2) dt.12-07-2018 2/2 recovered from the vehicle of Noor Alam. Learned counsel further submits that nothing was recovered from the conscious possession of the petitioners. Petitioners are in custody since 13.05.2018.

Considering the fact that the petitioner has remained in custody for nearly two months and they have no criminal antecedent, the petitioners, named above, are 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 learned Special Judge, Excise Act, Patna, in connection with Rupaspur P.S. Case No. 190 of 2018. (Anil Kumar Upadhyay, J.) Rajiv/- U T