Patna High CourtCR. MISC./30639/2020allowed

Sanjay Singh 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.30639 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== SANJAY SINGH, Son of Baliram Singh @ Baare Lal, Resident of VillageLaxmanpur, P.S.- Shirajpur, District- Kanpur (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, 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 Suryagarha P.S. Case No. 37 of 2020 for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

In the instant case total 1296 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the seizure was not made from the conscious possession of the petitioner. The petitioner is in custody since 27.02.2020. Considering the fact that petitioner has got no criminal antecedent, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs.1,00,000/-

Patna High Court CR. MISC. No.30639 of 2020(2) dt.24-11-2020 2/2 (Rupees one lakh) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Lakhisarai in connection with Suryagarha P.S. Case No. 37 of 2020 subject to the conditions that the petitioner shall deposit Rs.1,00,000/- (One lakh) 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.1,00,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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