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Patna High CourtCR. MISC./27656/2020allowed

Laxmi Rai @ Lakshmi Kumar Yadav v. The State Of Bihar

2020-11-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27656 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== LAXMI RAI @ LAKSHMI KUMAR YADAV S/o Late Sakal Dev Rai R/o Village- Shekhpura, P.S.- Ahiyapur, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Uday Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Gayghat P.S.Case No.117 of 2020 for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner would submit that there is recovery of 4527.360 liters of liquor. He further submits that petitioner has no concern with the seized liquor. Considering the fact that the liquor was not recovered from the possession of the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, be released on bail in the event of arrest or surrender before the court below within a period of one

Patna High Court CR. MISC. No.27656 of 2020(2) dt.25-11-2020 2/2 month from the date of communication of a copy of this order, on depositing Rs.05,00,000/- (five lac) cash and furnishing bail bond of Rs.01,00,000/- (one lac) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur, Bihar in connection with Gayghat Thana P.S.Case No.117 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The amount of Rs.05,00,000/- (five lac) deposited by the petitioner shall abide by the final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) B.Kr./- U T