Patna High CourtCR. MISC./23403/2020allowed

Ashok Prasad v. The State Of Bihar

2020-10-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23403 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- SAHAJITPUR District- Saran ====================================================== Ashok Prasad S/o Sukdev Prasad Resident of Village-Chhapia, P.S.- Sahajitpur, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-10-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Sahajitpur P.S. Case No. 32 of 2020 for the offence under section 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case on the basis of secret information, raid was conducted and 900 liters of spirit was seized from the earth.

Learned counsel for the petitioner submits that nothing was recovered from the conscious and exclusive possession of the petitioner.

Patna High Court CR. MISC. No.23403 of 2020(2) dt.09-10-2020 2/2 Considering the fact the petitioner has no criminal antecedent and the spirit was seized from the land which does not belong to the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge, Excise, Saran at Chapra, in connection with Sahajitpur P.S. Case No. 32 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner shall deposit Rs. 50000/- cash to the court below and the amount of Rs. 50,000/- deposited by the petitioner shall abide by final outcome of the pending criminal case.

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