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Patna High CourtCR. MISC./82390/2019bail granted

Amit Kumar @ Algu v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82390 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== AMIT KUMAR @ ALGU Son of Arvind Kumar @ Jamuna Resident of Village - Mahuji, P.S.- Dhina, Distt - Chandauli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Case No. 1006 of 2018, arising out of Durgawati P.S. Case No. 385 of 2018 for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 808.56 liters of illicit liquor from a pick up van belonging to the co-accused person, namely, Pawan Kumar Dubey.

The learned counsel for the petitioner submits that neither any recovery has been made from the petitioner nor from his house nor the pick van in question belongs to the petitioner. It is further submitted that the said co-accused person, namely,

Patna High Court CR. MISC. No.82390 of 2019(2) dt.12-12-2019 2/2 Pawan Kumar Dubey has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 23.09.2019 passed in Cr. Misc. No. 59898 of 2019. The petitioner is stated to be having a clean antecedent and is languishing in custody since 17.11.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Kaimur at Bhabua in connection with Excise Case No. 1006 of 2018, arising out of Durgawati P.S. Case No. 385 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T