Panna Lal @ Pannalal Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31129 of 2020 Arising Out of PS. Case No.-341 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Panna Lal @ Pannalal Kumar Saw, Son of Bhiro Saw, Resident of VillageManihari (Mainhari), P.S.- Birhi, District- Giridih (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Rajauli P.S. Case No. 341 of 2019 for the offence under Sections 30(a)/41 of the Bihar Prohibition & Excise Act, 2016. In the instant case total 166.5 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that nothing was recovered either from the possession of the petitioner or from the house of the petitioner. Considering the fact that the petitioner has got no criminal antecedent and nothing was recovered either from the possession of the petitioner or from the house of the petitioner, the petitioner named above, in the event of arrest or surrender

Patna High Court CR. MISC. No.31129 of 2020(2) dt.19-01-2021 2/2 before the court below within one month from the date of receipt of a copy of this order, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Nawada in connection with Rajauli P.S. Case No. 341 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall deposit Rs.50,000/- (Fifty 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.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U