Bigan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21610 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Bigan Bind, Son of Ram Prasad Bind, Resident of Village- Karjav, P.O.- Karji, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg, APP For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-08-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Chainpur P.S. Case No.30 of 2020 for the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

In the instant case total 3.64 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner or from the house of the petitioner, but the same was recovered from a lonely place.

Considering the fact that nothing was recovered from the house of the petitioner or from his conscious possession, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed

Patna High Court CR. MISC. No.21610 of 2020(2) dt.12-08-2020 2/2 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 Additional Sessions Judge-Vcum- Special Judge, Excise Act, Kaimur at Bhabua in connection with Chainpur P.S. Case No.30 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further 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