Patna High CourtCR. MISC./36034/2020allowed

Chandan Kumar Shahi 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.36034 of 2020 Arising Out of PS. Case No.-692 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Chandan Kumar Shahi, Son of Lakshmi Narayan Shahi, Resident of VillageGorigama Dih, P.S.- Saraiya, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Saraiya P.S. Case No. 692 of 2019 for the offence under Sections 272, 273, 120(B)/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 2787.425 litres of foreign liquor was seized from different places.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 29.08.2020. He further submits that the petitioner is not involved in the trade of liquor and only on the statement of Dafadar he has been made accused in this case. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to

Patna High Court CR. MISC. No.36034 of 2020(2) dt.27-01-2021 2/2 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 Saraiya P.S. Case No. 692 of 2019 with the condition that the petitioner shall deposit Rs.1,00,000/- (One lakh) cash in the court below and the same shall be 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