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Patna High CourtCR. MISC./30637/2020allowed

Namuna Sah 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.30637 of 2020 Arising Out of PS. Case No.-224 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== NAMUNA SAH, S/o Vidha Sah @ Vidya Sah, R/o Village- Kuisa Khurd (Koisha Khurd), P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== 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 Kateya P.S. Case No. 224 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2018.

In the instant case total 81 litres of country made liquor was seized from TVS Apachi Motorcycle. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that nothing was recovered from the possession of the petitioner. The petitioner is in custody since 14.07.2020. Considering the fact that petitioner has got no criminal antecedent and he is in custody since 14.07.2020, the petitioner named above, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.30637 of 2020(2) dt.24-11-2020 2/2 bail bonds of Rs.25,000/- (Rupees twenty five) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Kateya P.S. Case No. 224 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