Patna High CourtCR. MISC./30595/2020allowed

Md. Arman Ali v. The State Of Bihar

2020-11-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30595 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MD. ARMAN ALI, Son of Md. Areef, Resident of Bibiganj, Danapur, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-11-2020 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Special Case No. 3875 of 2020, arising out of P.R. Digha P.S. Case No. 37 of 2020, for the offence under Sections 30(a), 32(1)(3) and 41(1) (2) of the Bihar Prohibition and Excise Act, 2018. In the instant case total 86.400 litres of foreign liquor was seized from a Tempo.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the petitioner is neither the owner nor the driver of the Tempo. The petitioner is in custody since 12.06.2020. Considering the fact that petitioner has got no criminal antecedent and also the fact that he is neither the owner nor the

Patna High Court CR. MISC. No.30595 of 2020(2) dt.24-11-2020 2/2 driver of the tempo, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No. 3875 of 2020, arising out of Digha P.S. Case No. 37 of 2020, subject to the conditions that the petitioner shall deposit Rs.25,000/- (Twenty five 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.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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