Patna High CourtCR. MISC./22570/2020allowed

Dinesh Yadav v. The State Of Bihar

2020-09-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22570 of 2020 Arising Out of PS. Case No.374 Year-2019 Thana- Brahmpur District-Buxar ====================================================== Dinesh Yadav (Male), aged about38 years Son of Bihari Yadav Resident of Village- Balua, P.S.- Brahampur, District- Buxar ... ... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar Singh, Advocate For the Opposite Party : Mr. Shymeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 01-09-2020 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 Brahampur P.S. Case No. 374 of 209 (Supplementary) (CISExcise 871/2019) for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Learned counsel for the petitioner submits that in the instant case total 98.280 litres of foreign liquor was seized. Learned counsel submits that nothing was recovered from conscious possession of the petitioner. Petitioner is in custody since 06.03.2020.

Considering the fact that the petitioner has remained in custody for nearly six months, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, the petitioner, named above, is directed to be

released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 2nd-cum- Special Judge of Excise, Buxar in connection with Brahampur P.S. Case No. 374 of 209 (Supplementary) (CIS-Excise 871/2019). Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T