Patna High CourtCR. MISC./23455/2020allowed

Rahim Ansari v. The State Of Bihar

2020-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23455 of 2020 Arising Out of PS. Case No.28 Year-2020 Thana- Vishambharpur District-Gopalganj ====================================================== Rahim Ansari aged about 36 years Gender Male Son of Tegali Miyan Resident of Village- Sipaya Khas, P.S.- Vishambharpur District Gopalganj ... ... Petitioner

Versus

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

For the Petitioner : Mr. Indrajeet Bhushan, Advocate For the Opposite Party : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 17-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Tr. No. 4144 of 2020 arising out of Vishambharpur P.S. Case No. 28 of 2020 for the offences under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise( Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 72 litres of country made liquor was seized. Learned counsel submits that the petitioner is innocent and he was exploited because of unemployment and poverty and he was engaged as a carrier on payment of Rs.150/- per box. Petitioner is in custody since 04.03.2020.

Considering the fact that the petitioner has no criminal antecedent and he is in custody since 04.03.2020, the Court is inclined to grant bail to him subject to the condition

that the petitioner has to deposit Rs. 25,000/- in cash. On depositing the amount of Rs.25,000/-, 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 the Additional District & Sessions Judge-II-cum-Special Judge Excise, Gopalganj in connection with Tr. No. 4144 of 2020 arising out of Vishambharpur P.S. Case No. 28 of 2020.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T