Dhiraj Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8573 of 2020 Arising Out of PS. Case No.-75 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Dhiraj Kumar @ Kallu Son of Suresh Mahto Resident of Village - Bhagattol, Ward No. 14, Mathurapur, P.S.- Nagar, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Excise Case No. 75C3 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 24.12.2019. He further submits that in the instant case total 58.32 litres of foreign liquor was seized. He further submits that recovery was not made from conscious possession of the petitioner but from his hutment.

Considering the fact that the petitioner has got no criminal antecedent, the Court is inclined to grant bail to him.

Patna High Court CR. MISC. No.8573 of 2020(2) dt.06-02-2020 2/2 The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Khagaria in connection with Excise Case No. 75C3 of 2019. In the event the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case. (Anil Kumar Upadhyay, J) BT/- U T