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Patna High CourtCR. MISC./626/2019allowed

Ajit Kumar @ Vikky Patel v. The State Of Bihar

2019-01-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.626 of 2019 Arising Out of PS. Case No.-448 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Ajit Kumar @ Vikky Patel S/o Late Vinod Prasad Resident of Chik Toli, P.S. Chowk, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Chowk P.S. Case No. 448 of 2018 (Special Case No. 10864/18) registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case 26 liters liquor was recovered from the possession of the driver of the vehicle, who disclosed the name of the petitioner and one Md. Ehtesham that they are supplier of the liquor. Learned counsel for the petitioner submits that this petitioner was earlier made accused in Chowk P.S. case No. 330 of 2018 for similar such offence. Learned counsel for the petitioner further submits that similarly circumstanced other

Patna High Court Cr.Misc. No.626 of 2019(2) dt.17-01-2019 2/2 co-accused has been granted bail by co-ordinate Bench of this Court in Crl. Misc. No. 76774 of 2018.

Considering the quantity of the liquor seized in the instant case from the possession of the driver not from the possession of this petitioner and similarly circumstanced other co-accused has been granted bail by co-ordinate Bench of this Court in Crl. Misc. No. 76774 of 2018, let the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise, Patna in connection with Chowk P.S. Case No. 448 of 2018 ( Special Case No. 10864 of 2018). (Anil Kumar Upadhyay, J) T.Kr./- U T