Patna High CourtCR. MISC./23429/2020allowed

Rahul Kumar v. The State Of Bihar

2020-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23429 of 2020 Arising Out of PS. Case No.102 Year-2020 Thana- Mufffasil District-Siwan ====================================================== Rahul Kumar, Age 19 years (Male) Son of Sanjay Prasad Resident of Village-Noorsarai, P.S.- Noorsarai, District Nalanda ... ... Petitioner

Versus

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

For the Petitioner : Mr. Shatrughan Kumar, Advocate For the Opposite Party : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 17-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Muffasil P.S. Case No.102 of 2020 (arising out of F. No. 1155/2020, R. No. 282/2020) for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 190.200 litres of English beer was seized. Petitioner is in custody since 28.02.2020.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for more than six months, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs. 50,000/- in cash. On depositing the amount of Rs.50,000/-, the

petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum Special Judge Excise, Siwan in connection with Muffasil P.S. Case No.102 of 2020 (arising out of F. No. 1155/2020, R. No. 282/2020).

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T