Patna High CourtCR. MISC./23442/2020allowed

Bikau Paswan v. The State Of Bihar

2020-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23442 of 2020 Arising Out of PS. Case No.C2/154 Year-2020 Thana- Complaint District-Sitamarhi ====================================================== Bikau Paswan, aged 24 years Male Son of Late Mahadev Paswan Resident of Village- Halempur Ward No. 12, P.S.- Majorganj District Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner : Ms. Alka, Advocate For the Opposite Party : Mr. Ram Priya Sharan Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 17-09-2020 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 Case No. C2/154 of 2020 for the offences Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 608.400 litres of Nepali liquor was seized. Learned counsel submits that nothing was recovered from conscious possession of the petitioner and he has no concern with the trade of liquor. Petitioner is in custody since 02.03.2020.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for 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 II-cum-Special Judge Excise Act, Sitamarhi in connection with Case No. C2/154 of 2020.

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