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Patna High CourtCR. MISC./74091/2019bail granted

Hukum Rai @ Hukum Kumar Yadav v. The State Of Bihar

2020-01-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74091 of 2019 Arising Out of PS. Case No.-367 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== HUKUM RAI @ HUKUM KUMAR YADAV Son of Late Lagandev Rai Resident at Village - Jatua, P.S.- Chapra Mufassil, District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 116.580 litres of illicit liquor from Rubbish behind the Middle School and petitioner has been implicated in this case at the instance of his rivals without any basis.

It has been submitted on behalf of petitioner that neither any illicit liquor has been recovered from his possession or from his house or he was apprehended at the place of recovery, as such, no offence under excise act is made out. He has no criminal antecedent as far as excise act is concerned.

Patna High Court CR. MISC. No.74091 of 2019(2) dt.21-01-2020 2/2 Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Chapra Mufassil P.S. Case No. 367 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T