Patna High Court/37190/2020allowed

Subodh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37190 of 2020 Arising Out of PS. Case No.-260 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== 1.

Subodh Kumar S/o Ramesh Thakur Resident of Village-Bhatullia, Bishunpur Pathak, P.S-Paru, District-Muzaffarpur. 2.

Jitendra Kumar S/o Fuldev Rai @ Fuldev Ray Resident of Village-Bhatullia, Bishunpur Pathak, P.S-Paru, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioners and learned counsel appearing on behalf of opposite party. The petitioners are in custody in connection with Vaishali P.S. Case No. 260 of 2020 for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

In the instant case, 160 litres of country made liquor has been seized from the motorcycle which was driven by the petitioners.

Learned counsel appearing on behalf of the petitioners would submits that petitioners have no criminal antecedent and they are in custody since 09.08.2020. Moreover, nothing was recovered from the

Patna High Court CR. MISC. No.37190 of 2020(2) dt.02-02-2021 2/2 conscious possession of the petitioners.

Considering the fact that petitioners have no criminal antecedent and the period of custody, this Court is inclined to grant bail to the petitioners, subject to deposit of cash of Rs. 50,000/- by each of the petitioner.

On deposit of cash of Rs. 50,000/- each by the petitioners, the petitioners, above named, shall be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 260 of 2020. The deposit of cash of Rs. 50,000/- shall abide by the final outcome of the present pending criminal case.

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