Patna High CourtCR. MISC./12476/2020allowed

Binod Choudhary v. The State Of Bihar

2020-03-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12476 of 2020 Arising Out of PS. Case No.-442 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Binod Choudhary Son of Ganga Pasi R/V Kotwa Turha Toli, P.S.- Barauli, Dist.- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jitendra Kumar Singh, Advocate For the Opposite Party :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Barauli P.S. Case No. 442 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case, total 3.240 litres of foreign liquor was seized from the motorcycle parked in front of the house of the petitioner. It is further submitted that nothing was recovered from conscious possession of the petitioner.

Considering the fact that the petitioner has no criminal antecedent and liquor was seized from the motorcycle parked in front of the house of the petitioner, this Court is inclined to grant

Patna High Court CR. MISC. No.12476 of 2020(2) dt.06-03-2020 2/2 bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District & Sessions Judge, Gopalganj in connection with Barauli P.S. Case No. 442 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T