Jagan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6977 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- LAUKARIA District- West Champaran ====================================================== Jagan Prasad, Son of Sharda Prasad, Resident of Village - Shastrinagar, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Laukariya P.S. Case No. 77 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. He further submits that in the instant case total 11 litres of country made liquor was seized from the house of Ajay Kushwaha. In the process of search and seizure one motorcycle was sized by the police and the registration of the motorcycle was standing in the name of the petitioner. With reference to Annexure-2, learned counsel for the petitioner submits that the motorcycle was transferred to one Sanjay Kumar Gupta on 28.07.2014. He further submits that nothing was seized from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.6977 of 2020(2) dt.28-02-2020 2/2 Considering the fact that nothing was recovered from the possession of the petitioner, 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, Bettiah, West Champaran in connection with Laukariya P.S. Case No. 77 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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