Pradip Kumar Choudhary @ Pradip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28397 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- BALIYA District- Begusarai ====================================================== Pradip Kumar Choudhary @ Pradip Chaudhary, S/o Uma Kant Choudhary, Resident of Husaini Chak, Salen-Chak, Post- Husaina, Lakhminia, P.S.- Baliya, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Baliya P.S. Case No. 35 of 2020 for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. In the instant case total 16 litres of foreign liquor was seized.

It is alleged that the person apprehended was selling liquor on behalf of the petitioner, which is totally denied by the petitioner.

Learned counsel for the petitioner submits that the petitioner was never made accused under the provisions of the Bihar Prohibition & Excise Act. He further submits that nothing was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.28397 of 2020(2) dt.15-01-2021 2/2 Considering the aforesaid, the petitioner named above, in the event of arrest or surrender before the court below within one month from the date of receipt of a copy of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II -cum- Special Judge, Excise Act, Begusarai in connection with Baliya P.S. Case No. 35 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall deposit Rs.15,000/- (Fifteen thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.15,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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