IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18823 of 2020

Arising Out of PS. Case No.-26 Year-2020 Thana- DHANSOI District- Buxar

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1.

Chitranjan Pathak, aged about 33 years, male, son of Hari Shankar Pathak

Resident of Village- Pathakhauliya, Police Station - Dhansoi, District -

Buxar.

2.

Dipak Singh , aged about 25 years, male, son of Late Sanjay Singh Resident

of Village- Pajraw, Police Station - Noan, District - Kaimur (Bhabhua).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Surendra Kumar Choubey

For the Opposite Party/s :

APP

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

13-05-2020

Heard Mr. Surendra Kumar Choubey, learned counsel

for the petitioners and learned Additional Public Prosecutor

appearing for the State through video conferencing.

Petitioners seek regular bail in connection with

Dhansoi P.S. Case No. 26 of 2020 registered for the offence

punishable under Section 30(a) of the Bihar Prohibition and

Excise (Amendment ) Act, 2016.

The allegation against the petitioners as per the First

Information Report is that the Police intercepted one Tata Majic

vehicle bearing registration no. BR-45P1662 and recovered a

total quantity of 212 liters 600 ml of illicit liquor from the said

vehicle. Petitioners along with one another person were arrested

Patna High Court CR. MISC. No.18823 of 2020(2) dt.13-05-2020

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while they were fleeing away.

Learned counsel submits that petitioners have falsely

been implicated in this case inasmuch as no illicit liquor has

been recovered from the conscious possession of the petitioners

or the vehicle belonging to petitioners. Learned counsel

referring to paragraph nos. 6 and 7 of the bail application

submits that petitioners have no concern with the said vehicle

and they are not the owner of the vehicle in question. Learned

counsel further submits that similarly situated co -accused

Vikash Kumar Pathak has been granted bail by this court today

in Cr. Misc. No. 18139 of 2020.

Having heard learned counsel for the parties and

taking into consideration the fact that petitioners are not the

owner of the vehicle and similarly situated co- accused has been

granted bail, I am inclined to grant regular bail to the

petitioners.

Accordingly, let the petitioners, above named, be

released on regular bail on furnishing bail bond of Rs. 25,000/-

(twenty five thousand) each with two sureties of the like amount

each to the satisfaction of learned Additional District & Sessions

Judge 2^nd -cum- Special Judge ( Excise), Buxar , in connection

with Dhansoi P.S. Case No. 26 of 2020.

Patna High Court CR. MISC. No.18823 of 2020(2) dt.13-05-2020

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It is made clear that at the time of furnishing bail

bonds all the parties shall follow the guidelines regarding

lockdown and social distancing.

praful/-

(Anil Kumar Sinha, J)

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