Patna High CourtCR. MISC./24778/2020allowed

Rajesh Kushwaha v. The State Of Bihar

2020-09-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24778 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Rajesh Kushwaha, Male, 27 years, Son of Indrashan Prasad Resident of Village - Bhatwaliya, 2.

Sidhartha Kushwaha 30years (M) S/O Achhelal Kushwaha Resident of Village - Purwa Chauraha, Both of P.S. - Kotwali Deoriya, District - Deoriya (U.P.) ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Mukesh Kumar Singh,Advocate For the Opposite Party :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-09-2020 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Vijayipur P.S. Case No. 85 of 2020 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioners submits that the petitioners have no criminal antecedent. In the instant case total 314 litres of country made liquor was seized. Petitioners are in custody since 14.06.2020.

Considering the fact that the petitioners have no criminal antecedent and they are in custody since 14.06.2020, the Court is inclined to grant bail to them subject to the

Patna High Court CR. MISC. No.24778 of 2020(2) dt.23-09-2020 2/2 condition that the petitioners have to deposit Rs. 50,000/- in cash. On depositing the amount of Rs.50,000/- each, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-II/Special Judge Excise, Gopalganj in connection with Vijayipur P.S. Case No. 85 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