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Patna High CourtCR. MISC./10902/2020allowed

Dinesh Kumar @ Domi Sah @ Dinesh Kumar @ Doma v. The State Of Bihar

2020-03-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10902 of 2020 Arising Out of PS. Case No.-285 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.

DINESH KUMAR @ DOMI SAH @ DINESH KUMAR @ DOMA Son of Bijendra Sah Resident of Village - Jiwachhpur, Ward No. -06, P.S.- Madhepura, District- Madhepura 2.

Bijendra Sah Son of Mohn Sah Resident of Village - Jiwachhpur, Ward No. -06, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Ms. Asha Kumari, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Excise (Madhepura) Case No. 285 of 2019 corresponding to Excise Act Case No. 1224 of 2019 for the offence under Section 30(a) of the Bihar Excise and Prohibition Act, 2016. In the instant case a total of 13.75 litres of country made and foreign liquor was seized.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and liquor was seized from the roadside and not from the house of the petitioners. Considering the fact that the petitioners have no

Patna High Court CR. MISC. No.10902 of 2020(2) dt.03-03-2020 2/2 criminal antecedent and liquor was seized from the roadside, the Court is inclined to grant bail to the petitioners, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge cum-Special Judge (Excise), Madhepura in connection with Madhepura Excise Case No. 285 of 2019 corresponding to Excise Act Case No. 1224 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T