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Patna High CourtCR. MISC./76459/2019bail granted

Vikash Kumar v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76459 of 2019 Arising Out of PS. Case No.-457 Year-2019 Thana- RUPASPUR District- Patna ====================================================== VIKASH KUMAR Son of Late Suresh Chauhan Resident of Village - Govindpur, P.S.- Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner is in custody in Special Case No. 9602/2019, Rupaspur PS Case No. 457 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 . 20 Litres of country made Mahua liquor is alleged to have been recovered from the bag of the scooty. Petitioner was caught at the place of recovery.

It is stated in the petition that the petitioner is having clean antecedent. Petitioner is in custody since 28.10.2019. Submission is of false implication and that recovery is not as per procedure prescribed.

Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.76459 of 2019(2) dt.11-12-2019 2/2 sureties of the like amount each to the satisfaction of Special Judge, Excise Patna in Special Case No. 9602/2019, Rupaspur PS Case No. 457 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T