Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11930 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

SAJAN KUMAR Son of Late Vinda Choudhary Resident of Village - Karanpura, P.S.- Ganga Bridge, Distt - Vaishali. 2.

Pankaj Choudhary @ Pankaj Kumar Son of Dinesh Choudhary Resident of Village - Rahimabad, P.S.- Bangra, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Ganga Bridge P.S. Case No. 190 of 2019 for the offence under Sections 30(a) and 45 of the Bihar Prohibition & Excise Act, 2018.

In the instant case total 31.08 litres of foreign liquor was seized.

Learned counsel for the petitioners submits that the liquor was recovered from the joint house of the petitioners and not from the conscious possession of the petitioners. Considering the fact that the liquor was seized from the joint house of the petitioners and not from the exclusive

Patna High Court CR. MISC. No.11930 of 2020(2) dt.05-03-2020 2/2 possession of the petitioners, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 190 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In the event, the petitioners ae found involved in similar case in future, the court below shall be at liberty to cancel their bail bonds in the instant case.

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