Patna High CourtCR. MISC./36303/2020allowed

Hakim Ansari v. The State Of Bihar

2021-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36303 of 2020 Arising Out of PS. Case No.-310 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Hakim Ansari, S/o Nijamuddin Ansari, 2.

Irfan Ansari, Son of late Rashid Ansari, Both R/o Village- Mahurav, P.S.- Nawadiha Bazar, District- Palamu ( Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyanand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Excise Case No. 310 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 1503 litres of country made liquor was seized from Mahendra Pick-Up Van and the petitioners were arrested by the police.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 11.08.2020. He further submits that the petitioners are not involved in the trade of liquor and they were unaware of the fact that the liquor was kept in the Pick-Up Van.

Patna High Court CR. MISC. No.36303 of 2020(2) dt.29-01-2021 2/2 Considering the fact that the petitioners have got no criminal antecedent, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One lakh) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya in connection with Excise Case No. 310 of 2020 with the condition that the petitioners will deposit Rs.1,00,000/- (One lakh) cash (each) in the court below and the same shall abide by the final outcome in the trial i.e. if the petitioners are acquitted the amount of Rs.1,00,000/- shall be refunded in favour of the petitioners, otherwise it shall be forfeited.

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