Gopal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38745 of 2020 Arising Out of PS. Case No.-158 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Gopal Chaudhary, S/O Ramayan Chaudhary, Resident of Village- Kodar Katta, Puran Tola, P.S.- Motipur, 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 :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Motipur P.S. Case No. 158 of 2020 for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018. In the instant case total 200 litres of spirit was seized, which is used for the purpose of manufacturing of liquor. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that nothing was recovered either from the conscious possession of the petitioner or from the house of the petitioner. The petitioner is in custody since 11.07.2020.

Considering the period of custody, the petitioner, named above, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.38745 of 2020(2) dt.09-02-2021 2/2 bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 158 of 2020 subject to the condition that the petitioner shall deposit Rs.50,000/- (Fifty thousand) 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.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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