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Patna High CourtCR. MISC./70691/2019bail granted

Fudan Kumar @ Fudan Singh v. The State Of Bihar

2019-12-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70691 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Fudan Kumar @ Fudan Singh, S/o Suresh Prasad Singh R/o village- Bhadai, P.S.- Hatharui, District- Muzaffarpur, Pin Code 843117 (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks regular bail in connection with Hathauri P.S. Case No.82 of 2019, for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38(i)(ii) of Bihar Prohibition & Excise Act, 2016. The allegation against the petitioner is that total quantity of 244.415 litres of illicit liquor has been recovered from the straw house of the petitioner which is meant for keeping husk.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch the husk house from where the illicit liquor has been recovered was easily accessible to all and situated in front of the house of the

Patna High Court CR. MISC. No.70691 of 2019(2) dt.04-12-2019 2/2 petitioner having no door. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 09.09.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and he is in custody since 09.09.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur, in connection with Hathauri P.S. Case No.82 of 2019.

(Anil Kumar Sinha, J) sanjeev/- U T