Patna High CourtCR. MISC./39031/2020allowed

Rambabu Jha v. The State Of Bihar

2021-02-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39031 of 2020 Arising Out of PS. Case No.-414 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== RAMBABU JHA, Son of Bashisth Jha, Resident of Village- Rasulpur, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Kanti (Panapur O.P.) P.S. Case No. 414 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

In the instant case total 1270 litres of foreign liquor was seized from a Pick-Up Van.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 20.07.2020. He further submits that the petitioner is neither the owner of the vehicle nor he is owner of the liquor. He also submits that the petitioner is the driver of the vehicle. Considering the fact that the petitioner has got no

Patna High Court CR. MISC. No.39031 of 2020(2) dt.17-02-2021 2/2 criminal antecedent and he is the driver of the vehicle, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One lakh) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Kanti (Panapur O.P.) P.S. Case No. 414 of 2020. The petitioner shall deposit Rs.1,00,000/- (One lakh) cash in the court below and the same shall abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.1,00,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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