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Patna High CourtCR. MISC./23366/2020allowed

Baijnath Yadav @ Baijnath Singh v. The State Of Bihar

2020-10-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23366 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== 1.

Baijnath Yadav @ Baijnath Singh S/o Chandradeep Yadav Resident of Village- Mahuli, P.S.- Haspura, Distt- Aurangabad (Bihar) 2.

Manish Yadav @ Manish Kumar S/o Baijnath Yadav Resident of VillageMahuli, P.S.- Haspura, Distt- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-10-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Haspura P.S. Case No. 52 of 2020 for the offence under sections 30(a)(c)(d) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

In the instant case total 140 liters of spirit was seized from different places.

Learned counsel for the petitioners submits that nothing was seized from the conscious and exclusive possession of the petitioners.

Patna High Court CR. MISC. No.23366 of 2020(2) dt.09-10-2020 2/2 Considering the fact that petitioners have no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioners subject to the condition that the petitioners shall deposit Rs. 50000/- cash each in the court below and on depositing Rs. 50000/- the court below shall release the petitioners named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of a copy of this order, on furnishing bail bond of Rs. 50,000/- (Fifty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special Judge, Excise, Aurangabad, Bihar, in connection with Haspura P.S. Case No. 52 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The deposit of Rs. 50000/- each shall abide by final outcome of the pending criminal case.

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