Shatrughan Kumar @ Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22563 of 2020 Arising Out of PS. Case No.104 Year-2020 Thana- Barauni (Chakiya) District-Begusarai ======================================================

1. Shatrughan Kumar @ Pinku Kumar, aged about 26 years male Son of Banarsi Sah Resident of Village- Minapur, P.S.- Matihani, District Begusarai

2. Vijay Mishra, aged about 38 years, male, son of Narayan Mishra, resident of village Banbaripur, P.S. Bhagwanpur, District Begusarai ... ... Petitioner

Versus

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

For the Petitioners : Mr. Ram Sumiran Rai, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 01-09-2020 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Barauni (Chakiya) P.S. Case No. 104 of 2020 for the offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

Learned counsel for the petitioner submits that the petitioners have no criminal antecedent. In the instant case total 58.5 litres of foreign liquor was seized. Learned counsel submits that nothing was recovered from possession of the petitioners and they are in custody since 17.03.2020.

Considering the fact that the petitioners have no criminal antecedent and they have remained in custody for more than five months, the Court is inclined to grant bail to them subject to the condition that the petitioners have to deposit Rs.

25,000/- in cash. On depositing the amount of Rs.25,000/-, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum Special Judge, Excise Act, Begusarai in connection with Barauni (Chakiya) P.S. Case No. 104 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