Patna High CourtCR. MISC./22550/2020allowed

Reetu Kumar v. The State Of Bihar

2020-08-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22550 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== REETU KUMAR, S/o Kameshwar Paswan, Resident of Village- Khoji, P.S.- Goh, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Sherghati P.S. Case No. 152 of 2020 for the offence under Sections 414, 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

In the instant case 550 litres of Mahua liquor was recovered from Scorpio vehicle.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the petitioner is the driver of the Scorpio vehicle, which is allegedly carrying liquor. The petitioner is in custody since 02.04.2020.

Considering the fact that the petitioner has got no criminal antecedent and he is the driver of the vehicle, the

Patna High Court CR. MISC. No.22550 of 2020(2) dt.28-08-2020 2/2 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, Gaya in connection with Sherghati P.S. Case No. 152 of 2020 subject to the condition that the petitioner shall deposit Rs.25,000/- (twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited. (Anil Kumar Upadhyay, J) uday/- U T