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Patna High CourtCR. MISC./85431/2019bail granted

Rahul Kumar v. The State Of Bihar

2020-02-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85431 of 2019 Arising Out of PS. Case No.-265 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== Rahul Kumar Son of Shiv Shankar Rai, R/o Mohalla- Didarganj, Chek Post, P.S.- Didarganj, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Kaushal Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-02-2020 No one appears for the petitioner.

Perused the F.I.R. and the impugned order.

The present application has been filed for grant of bail in connection with Special Case No.5471 of 2019, arising from Didarganj P.S. Case No.265 of 2019 registered for offence punishable under sections 30 (a), 36 of the Bihar Prohibition Excise Act.

Altogether recovery has been made of 6.75 litres of Royal Stag Blended Whisky, 4.320 litres of Casinos Pride Whisky and 5 litres of Tuborg Premium Beer.

Looking to the quantity of liquor and the petitioner

Patna High Court CR. MISC. No.85431 of 2019(2) dt.07-02-2020 2/2 having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No.5471 of 2019, arising from Didarganj P.S. Case No.265 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.