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Patna High CourtCR. MISC./30979/2020allowed

Raj Kumar v. The State Of Bihar

2021-01-06Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30979 of 2020 Arising Out of PS. Case No.-169 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== 1.

Raj Kumar Son of Kedra Nath Prasad Resident of Mohallah- Mirchaipatti, Ward No. -4, P.S. and District- Sitamarhi.

2.

Sanjay Chaudhary Son of Vishw Nath Chaudhary Resident of MohallahMirchaipatti, Ward No. -4, P.S. and District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioners. No one appears on behalf of the State.

The petitioners are in custody in connection with Riga P.S. Case No. 169 of 2020 for the offences under Section 419 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The prosecution case as per the F.I.R is that one stolen car was intercepted by the police and petitioners on chase were arrested. During search of the

Patna High Court CR. MISC. No.30979 of 2020(2) dt.06-01-2021 2/3 vehicle, 267 litres of Nepali liquor were recovered. Learned counsel appearing on behalf of the petitioners would submits that petitioners have no criminal antecedents and nothing was recovered from the conscious possession of the petitioners.

The petitioners are in custody since 17.06.2020.

Considering the facts that petitioners have no criminal antecedents and the period of custody, this Court is inclined to grant bail to the petitioners on deposit of cash of Rs. 50,000/- by each of the petitioner. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise), Sitamarhi in connection with Riga P.S. Case No. 169 of 2020.

The deposit of cash of Rs. 50,000/- shall abide

Patna High Court CR. MISC. No.30979 of 2020(2) dt.06-01-2021 3/3 by the final outcome of the present pending criminal case.

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