Patna High CourtCR. MISC./22530/2020allowed

Umesh Rai @ Umesh Ray v. The State Of Bihar

2020-08-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22530 of 2020 Arising Out of PS. Case No.-526 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== UMESH RAI @ UMESH RAY Son of Late Ramashis Rai Resident of Village-Madhuban Pakri, P.S.-Kanti, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2020 Heard Mr. Bhavesh Kumar, learned Counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Kanti P.S. Case No.526 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing on behalf of the petitioner would submit that nothing was recovered from the possession of the petitioner. The petitioner has been made escape goat in this case. The seizure list has been prepared in teeth of the provisions of Section 100 Cr.P.C.

Considering the fact that there is criminal antecedent and cases have been lodged earlier against the petitioner under

Patna High Court CR. MISC. No.22530 of 2020(2) dt.27-08-2020 2/2 the Excise Act, the Court while granting bail is constrained to impose certain conditions so that the petitioner may not dare to repeat such incident.

Let the petitioner, above named, 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 Special Judge Excise, Muzaffarpur, in connection with Kanti P.S. Case No.526 of 2019, subject to deposit of Rs. 50,000/- Cash.

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