Patna High CourtCR. MISC./8065/2020allowed

Mahendra Prasad @ Mahendra Kumar @ Raju v. The State Of Bihar

2020-03-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8065 of 2020 Arising Out of PS. Case No.-586 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== MAHENDRA PRASAD @ MAHENDRA KUMAR @ RAJU S/o Kartik Prasad R/o village- Khetko, P.S.- Bagodar, Khetko, District- Giridih (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 586 of 2019 for the offence under Sections 420, 406/34 of the Indian Penal Code and Sections 30(a), 54 and 57 of the Bihar Prohibition & Excise Act, 2016. Allegation against the petitioner is that he was involved in the trade of liquor.

In the instant case total 2195 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that neither the truck belongs to the petitioner nor seizure was made from the premise of the petitioner.

Patna High Court CR. MISC. No.8065 of 2020(3) dt.05-03-2020 2/2 Considering the aforesaid, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, 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, Gaya in connection with Kotwali P.S. Case No. 586 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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 instant case.

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