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Patna High CourtCR. MISC./21544/2020allowed

Mahadeo Sah @ Mahadeo Sao @ Mahadev Saw v. The State Of Bihar

2020-07-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21544 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Mahadeo Sah @ Mahadeo Sao @ Mahadev Saw(M) aged about 30 years son of Late Rajendra Sah, Resident of village Tarar, P.S. Daudnagar, District Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner :

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

Mr. Mritunjay Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-07-2020 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 Daudnagar P.S. Case No. 61 of 2020 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that in the instant case 39.6 litres of country made liquor was seized from possession of co-accused Pappu Kumar and the name of the petitioner has been disclosed by Pappu Kumar. Learned counsel submits that neither petitioner is owner of the motorcycle carrying liquor nor in any manner he is connected with seizure of liquor.

Patna High Court CR. MISC. No.21544 of 2020(2) dt.24-07-2020 2/2 Considering the fact that nothing was recovered from possession of the petitioner or from his house and the motorcycle does not belong to the petitioner, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII-cumSpecial Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case No. 61 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T