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Patna High CourtCR. MISC./36080/2020allowed

Shiv Nath Yadav v. The State Of Bihar

2021-01-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36080 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Shiv Nath Yadav Son of Late Janak Yadav @ Late Janak Kishore Yadav Resident of village- Belahi (East), P.s.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha 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 the counsel appearing on behalf of the State.

Petitioner is in custody in connection with G.O. Case No. 152 of 2020 for the offence under sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

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

In the instant case total 90 liters of Nepali Desi Liquor was seized.

Lerned counsel for the petitioner submits that noting was recovered from the exclusive conscious possession of the petitioner. The petitioner is in custody since 16.9.2020. Considering the fact that petitioner has no criminal

Patna High Court CR. MISC. No.36080 of 2020(2) dt.27-01-2021 2/2 antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge,Excise, Act, Madhubani, in connection with G.O. Case No. 152 of 2020 subject to the condition that the petitioner shall deposit Rs. 25000/- cash in the court below and the amount of Rs. 25000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

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