Patna High CourtCR. MISC./22518/2020allowed

Chhotu Ray v. The State Of Bihar

2020-08-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22518 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- Kutumba District- Aurangabad ====================================================== Chhotu Ray (Male) aged about 19 years, Son of Ramashray Roy, Resident of Village- Bhatkur, P.S. - Deo, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Leelawati Kumari, Advocate For the Opposite Party :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 26-08-2020 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 Kutumba P.S. Case No. 30 of 2020 for the offence under Section30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018.

In the instant case, total 240 litres of country made liquor was seized.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. Learned counsel submits that the petitioner has no concern with the trade of liquor and he is neither driver of the vehicle nor Khalasi thereof. Learned counsel for the petitioner submits that father of the petitioner has been granted bail by a coordinate Bench of this Court in Cr. Misc. No.21769 of 2020. Petitioner is in custody since 01.03.2020.

Considering the fact that the petitioner is in custody since 01.03.2020, the Court is inclined to grant bail to him. 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 Additional Sessions Judge, VII-cum-Special Judge (Excise) Aurangabad (Bihar) in connection with Kudhni P.S. Case No. 41 of 2020, subject to the condition that one of the bailors should be a family member of the petitioner. (Anil Kumar Upadhyay, J) BT/- U T