Patna High CourtCR. MISC./36525/2020allowed

Amit Kumar v. The State Of Bihar

2021-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36525 of 2020 Arising Out of PS. Case No.-319 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== AMIT KUMAR SON OF LATE ARBIND SINGH RESIDENT OF VILLAGE - PANSALLA, POLICE STATION - BEGUSARAI MUFFASIL, DISTRICT - BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha, Advocate For the Opposite Party/s :

Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Barauni (Refinery O.P.) P.S. Case No. 319 of 2020 for the offenses under Sections 414 IPC and 30(a), 40(1)(2) of the Bihar Prohibition & Excise Act, 2016.

In the instant case 2200 liters of liquor was seized. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Nothing was recovered from the possession of the petitioner. The petitioner has been roped in this case because he is owner of bolero pick up van which was used in carrying the liquor. The petitioner is in custody since 24.08.2020.

Patna High Court CR. MISC. No.36525 of 2020(2) dt.30-01-2021 2/2 Considering the fact that the petitioner has no criminal antecedent and he has been made accused in this case because he is owner of the vehicle which was used for transportation of the liquor, the Court is inclined to grant bail to the petitioner subject to deposit of Rs. 1,00,000/-cash. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 1,00,000/-(One lac) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge (Excise), Begusarai in connection with Barauni (Refinery O.P.) P.S. Case No. 319 of 2020, subject to deposit of Rs. 1,00,000/-.

The deposit of Rs. 1,00,000/- cash shall abide by the final outcome of the present criminal case.

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