Surendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26821 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SURENDRA MAHTO Son of Late Nannu Lal Mahto Resident of Mustafapur Ward No. 11, P.S.- Vibhutipur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== 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 Excise Case No. 94 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
In the instant case total 300.240 liters of liquor was seized from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. In fact recovery was made from the house and not from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.26821 of 2020(2) dt.11-11-2020 2/2 Having regard to the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner on deposit 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, Samastipur in connection with Excise Case No. 94 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