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Patna High CourtCR. MISC./77994/2019allowed

Vikash Paswan v. The State Of Bihar

2019-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77994 of 2019 Arising Out of PS. Case No.-355 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== VIKASH PASWAN Son of Rajesh Paswan Resident of Village - Dirkhilli, P.S.- Mohania, Distt - Kaimur at Bhabua.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 78.6 litres of Indian made foreign liquor has been recovered from the room of the temple. He submits that similarly situated co-accused has been granted anticipatory bail by coordinate Bench of this Court in Cr. Misc. No. 65840 of 2019 on 21.10.2019. He submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition.

Patna High Court CR. MISC. No.77994 of 2019(2) dt.04-12-2019 2/2 In the facts and circumstances of the case on deposit of Rs. 5000/- in the Juvenile Justice Fund of the State Welfare Department, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Mohania Police Station Case No. 355 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T