Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21471 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== BINOD KUMAR, Son of Yamuna Rai, Resident of Village - Mehashi Rajua Bakhari, P.S.- Mehashi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Motipur P.S. Case No. 65 of 2020 for the offence under Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act. In the instant case total 5975.64 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the liquor was loaded for Arunachal Pradesh destination, but was intercepted in the State of Bihar, as there is total prohibition in trade of liquor. He further submits that allegation against the petitioner is that he was liner of the said liquor and as such he was assisting the transporter to carry the liquor in the State of Bihar. The petitioner has got no criminal antecedent and he is in custody since 20.03.2020.

Considering the fact that the petitioner has got no

Patna High Court CR. MISC. No.21471 of 2020(2) dt.03-07-2020 2/2 criminal antecedent and nothing was recovered from his conscious possession, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 65 of 2020 with the condition that the petitioner on release will render his service as volunteer for a period of two months in dedicated Covid Hospital. He is required to report to the District Nodal Officer in the concerned region, who shall utilize his service in this pandemic.

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