Patna High CourtCR. MISC./36050/2020allowed

Manish Sahni @ Manish Kumar 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.36050 of 2020 Arising Out of PS. Case No.-187 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== Manish Sahni @ Manish Kumar Son of Hardev Sahni R/o village - Rewasi, Tole Dhanukhi, P.S. Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok 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 learned counsel appearing on behalf of opposite party. The petitioner is in custody in connection with Riga P.S. Case No. 187 of 2020 for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

In the instant case, total 3395 litres of country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner would submits that petitioner has no criminal antecedent and he is in custody since 17.08.2020. Moreover, the recovery was not made from the

Patna High Court CR. MISC. No.36050 of 2020(2) dt.27-01-2021 2/2 conscious possession of the petitioner nor the petitioner was apprehended by the police at the spot.

Considering the fact that petitioner has no criminal antecedent, this Court is inclined to grant bail to the petitioner, subject to deposit of cash of Rs. 1,00,000/- (one lakh).

On deposit of cash of Rs. 1,00,000/-(one lakh), the petitioner, above named, shall 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 learned 2nd Additional Sessions Judgecum-Special Judge, Excise, Sitamarhi in connection with Riga P.S. Case No. 187 of 2020.

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

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