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Patna High CourtCR. MISC./63127/2019allowed

Mithu Rai @ Mihtun Kumar Ray @ Mithun Kumar v. The State Of Bihar

2019-10-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63127 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- SARAI RANJAN District- Samastipur ====================================================== Mithu Rai @ Mihtun Kumar Ray @ Mithun Kumar Son of Kameshwar Rai Resident of Village - Chakwa, P.S.- Sarairanjan, District - Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sarairanjan P.S. Case No. 114 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act. Learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent. He is innocent and has falsely been implicated in the present case. Further submission is that from perusal of seizure list it appears that alleged recoveries were not made from the conscious possession of the petitioner but from back side of the house of the petitioner near toilet.

Having considered the above facts and circumstances

Patna High Court CR. MISC. No.63127 of 2019(2) dt.18-10-2019 2/2 of the case, let the above-named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (Excise), Samastipur in connection with Sarairanjan P.S. Case No. 114 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) S.Katyayan/- U T