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Patna High CourtCR. MISC./75487/2018allowed

Ajay Pandey @ Ajay Kumar Panday v. The State Of Bihar

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75487 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Ajay Pandey @ Ajay Kumar Panday, Son of Lal Babu Pandey, Resident of Village- Madipur Mall, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Madhuban PS Case No. 131 of 2018 for the alleged offence under Section 30(a) of the Bihar Prohibition of Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Name of the petitioner was disclosed by one Santosh Kumar who was arrested along with the liquor. Learned counsel further submits that the petitioner has no concern with the business of liquor. It is further submitted with reference to Paragraph-7 of the application that petitioner is physically handicapped.

Considering the totality of the fact and circumstances as mentioned above, this application is allowed. In the event of

Patna High Court Cr.Misc. No.75487 of 2018(2) dt.19-12-2018 2/2 arrest or surrender before the concerned court below within a period of one month from today, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the VIIth Additional Sessions Judgecum-Special Judge, Excise, East Champaran at Motihari in connection with Madhuban PS Case No. 131 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U