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Patna High CourtCR. MISC./74325/2023allowed

Durga Kumar @ Durga Das v. The State Of Bihar

2023-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74325 of 2023 Arising Out of PS. Case No.-306 Year-2023 Thana- GOH District- Aurangabad ====================================================== DURGA KUMAR @ DURGA DAS SON OF DEO NANDAN DAS R/O VILLAGE - TAKAWARE, P.S. - GOH, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2023

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Goh P.S. Case No. 306 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. From perusal of the seizure list, it appears that the alleged recovery of illicit liquor has been recovered from a bush situated in front of the house of the petitioner. Further he submits that petitioner has no criminal antecedent.

4. Having considered the facts and circumstances

Patna High Court CR. MISC. No.74325 of 2023(2) dt.28-11-2023 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 personal bond to the satisfaction of the Special Judge, Excise Court No. II, Aurangabad in connection with Goh P.S. Case No. 306 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T