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Patna High CourtCR. MISC./80629/2018allowed

Umesh Yadav v. The State Of Bihar

2019-01-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80629 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- BIRPUR District- Supaul ====================================================== Umesh Yadav Son of Mishri Lal Yadav, resident of Village- Mehasimar Ward No.- 6, P.S.- Kishanpur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :

Smt Sangeeta Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Birpur (Bhimnagar O.P.) PS Case No. 261 of 2018 for the alleged offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case, 776 liters of Nepali liquor was recovered from the vehicle Tata Magic bearing No.BR50P1596. Petitioner was arrested as he was driving the vehicle. Learned counsel submits that petitioner has no concern with the liquor nor he is aware of the fact that liquor was kept inside the vehicle.

Considering the fact that petitioner is in custody since

Patna High Court Cr.Misc. No.80629 of 2018(2) dt.16-01-2019 2/2 13.10.2018 and has no criminal antecedent, this application is allowed. Let the petitioner, above named, 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 Addl. Sessions Judge 2nd-cum-Special Judge, Supaul in connection with Birpur (Bhimnagar O.P.) PS Case No. 261 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T