Patna High CourtCR. MISC./36795/2020allowed

Mukesh Rai v. The State Of Bihar

2021-02-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36795 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== MUKESH RAI, S/o Lakhendra Ray, Resident of Village- Purani Bazar Mahamadpur Balmi, 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. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Motipur P.S. Case No. 51 of 2020 for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 41(1)

(2) of the Bihar Prohibition and Excise Act, 2018. In the instant case total 1225 litres of spirit was seized.

Learned counsel for the petitioner submits that nothing was recovered either from the possession of the petitioner or from his residential house. The petitioner is in custody since 28.05.2020.

Considering the fact that nothing was recovered from the possession of the petitioner, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.36795 of 2020(2) dt.01-02-2021 2/2 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 Motipur P.S. Case No. 51 of 2020 with the condition that 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