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Patna High CourtCR. MISC./38670/2020allowed

Kunal Singh v. The State Of Bihar

2021-02-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38670 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Kunal Singh (Male) aged about 40 years, Son of Late Krishna Singh Resident of Lakhani Bigha, Ward No. 6, P.S.- Danapur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 4701 of 2020 arising out of P.R. Danapur P.S. Case No. 02 of 2020, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case total 100.125 litres of country made liquor was seized.

Learned counsel appearing on behalf of the petitioner submits that the liquor was seized from Bhusa Ghar and not from conscious possession of the petitioner. Petitioner is in

Patna High Court CR. MISC. No.38670 of 2020(2) dt.08-02-2021 2/2 custody since 14.08.2020.

Considering the aforesaid, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna in connection with Special Case No. 4701 of 2020 arising out of P.R. Danapur P.S. Case No. 02 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Special Case No. 4701 of 2020 arising out of P.R. Danapur P.S. Case No. 02 of 2020. (Anil Kumar Upadhyay, J) BT/- U T