Patna High CourtCR. MISC./38943/2020allowed

Amit Yadav @ Amit Kumar 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.38943 of 2020 Arising Out of PS. Case No.-419 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== Amit Yadav @ Amit Kumar S/o Hari Shankar Yadav Resident of VillageVishwnathpur, P.S.- Dumra, Distt- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Pd Singh No., Adv.1 For the Opposite Party/s :

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

Petitioner is in custody in connection with Sitamarhi P.S. Case No. 419 of 2020 for the offence under section 414 of the Indian Penal Code and Section 30(a),36 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 123.15 liters of liquor was seized from a car which does not belongs to this petitioner. Learned counsel for the petitioner submits that nothing was recovered from the conscious and exclusive possession of the petitioner He further submits that the petitioner is neither owner nor driver of the car.

Patna High Court CR. MISC. No.38943 of 2020(2) dt.12-02-2021 2/2 The petitioner is in custody since 12.8.2020. Considering the fact that petitioner is neither owner nor driver of the car. the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge,Excise, Sitamarhi, in connection with Sitamarhi P.S. Case No. 419 of 2020 subject to the condition that the petitioner shall deposit Rs. 50,000/- cash in the court below and the amount of Rs.50,000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case. (Anil Kumar Upadhyay, J) Ravi/- U T