Patna High CourtCR. MISC./11980/2020allowed

Raushan Kumar 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.11980 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Raushan Kumar Son of Dhaneshwar Rai, Resident of Village - Mothahan Fakirana, P.S.- Minapur, Distrixct- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mrs.Nitu Kumari, Advocate For the Opposite Party :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 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 Excise Case No. 05 of 2020 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 361.20 litres of foreign liquor was seized from the bamboo clump.

Learned counsel for the petitioner further submits that nothing was recovered from possession of the petitioner and liquor was seized from the bamboo clump which is accessible to common people.

Patna High Court CR. MISC. No.11980 of 2020(2) dt.05-03-2020 2/2 Considering the fact that the petitioner has no criminal antecedent and liquor was seized from the bamboo clump, this Court is inclined to grant bail to him. Let petitioner, abovenamed, 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 Special Judge Excise Act, Muzaffarpur in connection with Excise Case No. 05 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, in the event the petitioner is found to be involved in the similar offence in future, the court below shall be at liberty to cancel his bail bond.

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