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Patna High CourtCR. MISC./38857/2020allowed

Rajan Kumar @ Rajan Kumar Singh v. The State Of Bihar

2021-02-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38857 of 2020 Arising Out of PS. Case No.-86 Year-2020 Thana- HATHUA District- Gopalganj ====================================================== Rajan Kumar @ Rajan Kumar Singh Son of Rajesh Singh R/o VillageMajirwa Kala, P.S.- Phulwariya, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Hathua P.S. Case No. 86 of 2020 registered for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act and Sections 25(1-B) a, 26, 35 of the Arms Act.

In the instant case, 421 litres of liquor has been seized from a Centro car.

Learned counsel appearing on behalf of the petitioner would submits that name of the petitioner has surfaced on the confession of apprehended co-accused person. The petitioner is neither owner or driver of the car. Nothing was recovered from the possession of the

Patna High Court CR. MISC. No.38857 of 2020(2) dt.10-02-2021 2/2 petitioner.

The petitioner is in custody since 01.10.2020. Considering the aforestated facts, this Court is inclined to grant bail to the petitioner, subject to deposit of cash of Rs. 50,000/- by the petitioner.

On deposit of cash of Rs. 50,000/- by the petitioner, the petitioner, above named, shall be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Hathua P.S. Case No. 86 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