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Patna High CourtCR. MISC./74977/2019bail granted

Kaushal Kumar v. The State Of Bihar

2019-11-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74977 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== KAUSHAL KUMAR Son of Munna Yadav Resident of Village - Jogini, P.S.- Rajouli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Rajouli PS case no. 327 of 2019 registered for the offences punishable under Sections 30 (a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 20 liters of illicit liquor from an open field.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, inasmuch as neither the illicit liquor nor the field in question belongs to the petitioner, hence the offence under the provisions of Bihar Excise and Prohibition Act are not made out. It is further submitted that the petitioner is having clean

Patna High Court CR. MISC. No.74977 of 2019(2) dt.25-11-2019 2/2 antecedent.

Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-Iind-cum-Special Judge, Excise Act, Nawada in connection with Rajouli PS case no. 327 of 2009 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T