Guddu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21563 of 2020 Arising Out of PS. Case No.-297 Year-2019 Thana- ALOULI District- Khagaria ====================================================== GUDDU SAH Son of Madan Sah Resident of Village - Soharwa, P.S.- Morkahi, District - Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

FFor the Petitioner :

Mr. Ramakant Sharma, Sr. Advocate Mr.Rakesh Kr. Sharma, Advocate For the Opposite Parts :

Mr. Anil Pd. Singh, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2020 Heard Mr. Ramakant Sharma, learned senior counsel appearing on behalf of the petitioner and Mr. Anil Pd. Singh, learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Alauli P.S. Case No. 297 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 724.680 liters of foreign liquor was seized.

Mr. Ramakant Sharma, learned senior counsel appearing for the petitioner submits that the petitioner is innocent. He is 29 years old having no concern with the trade of liquor and nothing was recovered from his exclusive or

Patna High Court CR. MISC. No.21563 of 2020(2) dt.07-08-2020 2/2 conscious possession. The petitioner has no criminal antecedent. Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, in the event of arrest or surrender within six weeks from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge (Excise), Khagaria in connection with Alauli P.S. Case No. 297 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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