Om Prakash Upadhayay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6284 of 2017 Arising Out of PS.Case No. -488 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Om Prakash Upadhayay, Son of Ayodhaya Nath Upadhayay, Resident of village Koerigawan, P.S. Shikarpur, District-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Shikarpur P.S. Case No. 488 of 2016, registered under Sections 30(a), 30(c), 38(i), 38(ii), 41(i) of Bihar Prohibition and Excise Act, 2016.

The accusation is that Police reached near grocery shop of the petitioner then one person started to flee away with the motorcycle, but he was apprehended by the Police, who disclosed his name as Ayodhya Nath Upadhyay. On search of the motorcycle, 10 bottles, each containing 180 ML, India made foreign liquor recovered. The apprehended also disclosed about purchasing the same from the grocery shop of petitioner.

Patna High Court Cr.Misc. No.6284 of 2017 (2) dt.08-03-2017 2/2 Thereafter, shop of the petitioner was searched from where 20 cartons containing 960 bottles, each containing 180 ML, 120 bottles, each containing 375 ML, India made foreign liquor recovered.

Learned counsel for the petitioner submits that in the present case, the petitioner is in custody since 21.11.2016. Further submission is that petitioner is accused in Shikarpur P.S. Case No. 23 of 2014, but he is on bail in that case. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 488 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T