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Patna High CourtCR. MISC./65551/2019allowed

Chaman Sao v. The State Of Bihar

2019-11-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65551 of 2019 Arising Out of PS. Case No.-371 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Chaman Sao, aged about 28 years, Gender - Male, Son of Lakhan Sao, Resident of Village - Mussaila, P.S.- Mohanpur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti (Mohanpur) P.S. Case No. 371 of 2019 registered for the offence punishable under Section 414/34 of the Indian Penal Code and Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R., 810 kg. of Mahua has been recovered from a Pick-up van and one person has been arrested, who has stated the name of the petitioner and another person, as the person who are engaged in such act.

Learned counsel for the petitioner submits that he is neither the driver of the said pick-up van nor the owner of the same. Except the confessional statement of the co-accused, there

Patna High Court CR. MISC. No.65551 of 2019(2) dt.13-11-2019 2/2 is nothing against the petitioner. He has no criminal antecedent. Learned counsel for the petitioner further submits that the coaccused Dadai Saw has been granted bail by a Co-ordinate Bench of this Court on 16.10.2019 passed in Cr. Misc. No.64628 of 2019.

In the facts and circumstances 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 six 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 Special Judge, Excise Act, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 371 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T