Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11348 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Uday Kumar Son Of Sanjay Rai, R/O Village- Madarpur, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ganga Bridge P.S. Case No. 214 of 2021 lodged under Sections 30(a), 32(3), 36 and 56 of Bihar Prohibition and Excise Act, 2018.

Total recovery of 967.425 liters of foreign liquor was alleged to be made from the house of Punit Rai. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. He further submits that petitioner is in custody since 03.01.2022 and charge sheet has already been filed in this case. Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case that recovery has not

Patna High Court CR. MISC. No.11348 of 2022(2) dt.06-07-2022 2/2 been made from the conscious possession of the petitioner, charge sheet has already been filed in this case and petitioner is in custody since 03.01.2022, let the petitioner above named, be granted bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1 -cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 214 of 2021. Petitioner is also directed to file an undertaking that he shall not involve in such types of activities in future before trial court at the time of furnishing his bail bond.

The prosecution is at liberty to file cancellation of bail, in case the petitioner violates his undertaking. (Dr. Anshuman, J.) ravishankar/- U T