Abhitosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36058 of 2020 Arising Out of PS. Case No.-235 Year-2020 Thana- MANJHI District- Saran ====================================================== Abhitosh Kumar Son of Bashisht Singh @ Bashisht Narayan Singh Resident of village- Daudnagar, Police Station- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of opposite party. The petitioner is in custody in connection with Manjhi P.S. Case No. 235 of 2020 for the offences under Sections 30, 30(a), 38(i)(ii) of the Bihar Prohibition & Excise Act, 2016.

In the present case, there is recovery of 266 litres of liquor.

Learned counsel appearing on behalf of the petitioner would submits that petitioner was neither owner of the vehicle from where the liquor was seized

Patna High Court CR. MISC. No.36058 of 2020(2) dt.27-01-2021 2/3 nor he was driving the car. In fact, petitioner was unaware of the fact that liquor was being carried in the car. Moreover, only 96 litres of liquor was recovered from the car where the petitioner was sitting whereas 170 litres of liquor was recovered from the other vehicle.

The petitioner is in custody since 18.08.2020. Considering the fact that petitioner was neither owner of the vehicle nor running the vehicle, this Court is inclined to grant bail to the petitioner on deposit of cash of Rs. 50,000/-.

On deposit of cash of Rs. 50,000/-, the petitioner, above named, shall be released on bail on his furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran in connection with Manjhi P.S. Case No. 235 of 2020.

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

Patna High Court CR. MISC. No.36058 of 2020(2) dt.27-01-2021 3/3 by the final outcome of the present pending criminal case.

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