Patna High CourtCR. MISC./31004/2020allowed

Shankar Sao v. The State Of Bihar

2021-01-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31004 of 2020 Arising Out of PS. Case No.-429 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Shankar Sao, aged about 32 years, male, Son of Sri Subhash Sao, Resident of Village - Chaili Tar, near Kamla School, P.S. - Alamganj, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amrit Abhijat, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is in custody in connection with Special Case No. 4621 of 2020 arising out of Alamganj P.S. Case No. 429 of 2020 for offences under Sections 30(a) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. Learned counsel submits that in the instant case, total 170.82 litres of foreign liquor was seized from Safari vehicle. He further submits that petitioner has no concern with the seized vehicle as he is neither owner of the vehicle nor owner of the liquor.

Patna High Court CR. MISC. No.31004 of 2020(2) dt.08-01-2021 2/2 Considering the fact that the petitioner has no criminal antecedent and he is in custody since 03.08.2020, the Court is inclined to grant bail to him, 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, above-named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (Excise), Patna in connection with Special Case No. 4621 of 2020 arising out of Alamganj P.S. Case No. 429 of 2020.

Deposit of Rs.25,000/- (Rupees twenty thousand) shall abide by final outcome of Alamganj P.S. Case No. 429 of 2020.

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