Patna High CourtCR. MISC./24775/2020allowed

Harendra Yadav v. The State Of Bihar

2020-09-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24775 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Harendra Yadav, Male, aged 40 years, Son of Jimedar Rai Resident of Village Barharwan (Sarotar), P.S.- Dumaria Ghat, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Suraj Narain Yadav, Advocate For the Opposite Party :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-09-2020 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 Excise Case No. 46 of 2020 for the offences Sections 30(a), 32, 36 and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2018.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been made accused on account of suspicion and he is not involved in trade of liquor and nothing was recovered from possession of the petitioner. Learned counsel submits that recovery of liquor was made from the orchard. Petitioner is in custody since 05.03.2020. Considering the fact that the petitioner is in custody

Patna High Court CR. MISC. No.24775 of 2020(2) dt.23-09-2020 2/2 since 05.03.2020 and recovery of liquor was made from the orchard, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.1,00,000/- in cash. On depositing the amount of Rs.1,00,000/-, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees one lakh) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII-cum-Special Judge Excise, East Champaran, Motihari in connection with Excise Case No. 46 of 2020. Deposit of Rs.1,00,000/- (Rupees one lakh) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U