Abhay Pratap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29303 of 2020 Arising Out of PS. Case No.-158 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== Abhay Pratap (M), aged about 32 years, S/o Lakshman Choudhary Resident of Village-Naraon, P.S. and P.O.-Awtarnagar, District-Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Saket Anand, Advocate For the Opposite Party :
Mr. Md. Anwarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-11-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Awtarnagar P.S. Case No. 158 of 2020, for the offence under Sections 30(A) and 37(C) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 04.07.2020. He further submits that in the instant case total 80 litres of country made liquor was seized in front of the house of the petitioner but not from his exclusive possession. Considering the fact that the petitioner has no criminal antecedent and the seized liquor was not recovered from his exclusive possession but in front of the house of the petitioner,
Patna High Court CR. MISC. No.29303 of 2020(2) dt.10-11-2020 2/2 the Court is inclined to grant bail to the petitioner, subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, the petitioner, named above, 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 Court, Saran in connection with Awtarnagar P.S. Case No. 158 of 2020. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T