Budhan Sahni @ Budhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30994 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== Budhan Sahni @ Budhan Sahani, aged about 42 years, Male, S/o Sukdev Sahni Resident of Village- Balua Tola, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satyendra Rai, Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner. No one appears on behalf of the State although name of the Advocate General appears in the cause list.

The petitioner is in custody in connection with Jadopur P.S. Case No.03 of 2020 for offences under Sections 188, 353, 307 and 506/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel appearing on behalf of the petitioner would submit that in the instant case, total 519.08 litres of country made liquor was seized from the boat coming from Uttar Pradesh. Learned counsel further submits that nothing has been recovered from conscious possession of the petitioner and he has been implicated only on the basis of confessional

Patna High Court CR. MISC. No.30994 of 2020(2) dt.08-01-2021 2/2 statement of co-accused Umesh Yadav, who was apprehended on the spot. Petitioner is in custody since 21.01.2020. Considering the period of custody of the petitioner, the Court is inclined to grant bail to him, subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, the petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge 2nd-cum-Special Judge, Excise, Gopalganj in connection with Jadopur P.S. Case No.03 of 2020. Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Jadopur P.S. Case No.03 of 2020. (Anil Kumar Upadhyay, J) BT/- U T