Patna High CourtCR. MISC./38918/2020allowed

Birju Ram @ Biraju Ram v. The State Of Bihar

2021-02-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38918 of 2020 Arising Out of PS. Case No.-782 Year-2019 Thana- BUXAR District- Buxar ====================================================== Birju Ram @ Biraju Ram (M) aged about 25 years, son of Ramesh Ram Resident of Village- Khalasi Muhalla, P.S.- Buxar (T), District- Buxar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ramakant Yadav, Advocate For the Opposite Party :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Buxar (T) P.S. Case No. 782 of 2019 (G.R. No. 1064 of 2019) for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

In the instant case total 83.164 litres of foreign liquor was seized.

Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from conscious possession of this petitioner and he has been falsely implicated in this case. Petitioner is in custody since 14.02.2020.

Considering the period of custody of the petitioner, the Court is inclined to grant bail to the petitioner subject to the

Patna High Court CR. MISC. No.38918 of 2020(2) dt.12-02-2021 2/2 condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, abovenamed, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge of Excise Act, Buxar in connection with Buxar (T) P.S. Case No. 782 of 2019 (G.R. No. 1064 of 2019) Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of Buxar (T) P.S. Case No. 782 of 2019 (G.R. No. 1064 of 2019).

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