Patna High CourtCR. MISC./36245/2020allowed

Shankar Yadav @ Shankar Kumar 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.36245 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== SHANKAR YADAV @ SHANKAR KUMAR Son of Baijnath Yadav Resident of Village-Mahuli, P.S.-Haspura, District-Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Haspura P.S. Case No. 52 of 2020 for the offenses under Sections 30(a), (c) (d) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

In the instant case there is recovery of 140 Liters of spirit.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. There is total denial on the part of the petitioner that he was involved in the trade of liquor. He has no role in the matter of manufacture of country made liquor. The petitioner has remained in custody on remand since 15.9.2020.

Patna High Court CR. MISC. No.36245 of 2020(2) dt.29-01-2021 2/2 Considering the fact that the petitioner has remained in custody since 15.9.2020, the Court is inclined to grant bail to the petitioner on deposit of cash of Rs. 50,000/-. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/-(Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Haspura P.S. Case No. 52 of 2020, subject to deposit of Cash of Rs. 50,000/-.

The deposit of Rs. 50,000/- cash shall abide by the final outcome of the present criminal case.

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