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Patna High CourtCR. MISC./26791/2020allowed

Manish Kumar Singh v. The State Of Bihar

2020-11-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26791 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== MANISH KUMAR SINGH Son of Kuldeep Kumar Singh Resident of Village - Kanhauli, P.S.- Khajauli, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-11-2020 Heard learned Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Khajauli P.S. Case No. 42 of 2020 registered for the offence under Sections 272, 273 IPC and 30(a) of the Bihar Prohibition and Excise Act,2016.

In the instant case total 151.20 liters of liquor was seized.

Learned counsel appearing on behalf of the petitioner would submit that nothing was recovered from the exclusive possession or from the house of the petitioner. The alleged liquor was seized from the bank of the river Koshi. Considering the fact that recovery was made from the

Patna High Court CR. MISC. No.26791 of 2020(2) dt.11-11-2020 2/2 bank of the river Koshi and not from the house or possession of the petitioner, the Court is inclined to grant bail to the petitioner on payment of Rs. 50,000/- cash. Let the petitioner, above named, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum- Special Judge, Excise, Madhubani in connection with Khajauli P.S. Case No. 42 of 2020, G.R. No. 566 of 2020 subject to deposit of Rs. 50,000/- cash and further subject to the conditions as laid down under Section 438(2) Cr. P.C.

The deposit of Rs. 50,000/- cash shall abide by the final outcome of the present criminal case.

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