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Patna High CourtCR. MISC./76426/2019bail granted

Pradeep Tiwari v. The State Of Bihar

2019-12-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76426 of 2019 Arising Out of PS. Case No.-94 Year-2017 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== PRADEEP TIWARI Son of Durga Tiwari @ Durgadeo Tiwari Resident of Village - Mathia Shri Ram, P.S.- Tareya Sujan, Distt - Kushinagar. (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bishambharpur P.S. Case No. 94 of 2017, G.R. No. 3194 of 2017 for the offence registered under Sections 272, 273, 420 and 34 of the Indian Penal Code, Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 25, (1-B)a, 26 and 35 of the Arms Act.

The allegation is regarding recovery of six litres of illicit liquor from a car as well as six litres of illicit liquor from a motorcycle and the persons arrested on the spot are said to have named the petitioner as their accomplice. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.76426 of 2019(2) dt.04-12-2019 2/2 that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 13.10.2019. Lastly, it is submitted that no recovery of illicit liquor has been made from the petitioner.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Bishambharpur P.S. Case No. 94 of 2017, G.R. No. 3194 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T