Umesh Sah @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17281 of 2020 Arising Out of PS. Case No.-641 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== UMESH SAH @ UMESH KUMAR S/o Pukari Sah @ Ram Pukar Sah R/o village- Dadhiya Belar, P.S.- Samastipur Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 61 liters of foreign liquor is said to have been recovered from the house of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. He further submits that the said house is joint family property.

Patna High Court CR. MISC. No.17281 of 2020(2) dt.19-08-2020 2/2 Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-Cum-Special Judge, Excise, Samastipur in connection with Samastipur Muffasil Police Station Case No. 641 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J) devendra/- U T