Madhusudan Basak @ Madhu Sudan Basak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38986 of 2020 Arising Out of PS. Case No.-671 Year-2020 Thana- ARARIA District- Araria ====================================================== Madhusudan Basak @ Madhu Sudan Basak S/o Tapas Basak R/o Rampur, P.S.- Tapan, District- Dakshin Dinajpur ( West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Special Case No. 644 of 2020 arising out of Araria (R.S.) P.S. Case No. 671 of 2020 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He further submits that in the instant case total 3651.840 liters of illegal liquor was seized.

Learned counsel submits that nothing was recovered from the exclusive and conscious possession of the petitioner. The petitioner is in custody since 21.08.2020. Considering the aforesaid, the Court is inclined to

Patna High Court CR. MISC. No.38986 of 2020(2) dt.17-02-2021 2/2 grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Araria, in connection with Special Case No. 644 of 2020 arising out of Araria (R.S.) P.S. Case No. 671 of 2020 subject to the condition that the petitioner shall deposit Rs. 1,00,000/- cash in the court below and the amount of Rs.1,00,000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

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