Rijwan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38928 of 2020 Arising Out of PS. Case No.-219 Year-2020 Thana- OBRA District- Aurangabad ====================================================== 1.

Rijwan Ansari aged 33 years, Gender-Male, Son of Rafiq Ansari Resident of Village - Ormo (Nogara), P.S.- Kasmar, District-Bokaro 2.

Sonu Kumar @ Sonu Kumar Kasera aged about 22 years, Gender-Male, son Son of Pradeep Prasad Kasera, Resident of Village - Kathara, P.S.- B.T.P.S., District-Bokaro 3.

Bhuneshwar Nayak @ Bhuneshar Neyak aged about 21 years, Gender-Male, Son of Duryodhan Nayak Resident of Village - Jarandih, P.S.- B.T.P.S., District-Bokaro ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shyamal Prakash, Advocate For the Opposite Party :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Obra P.S. Case No. 219 of 2020 G.R. No.732 of 2020, for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent.

In the instant case total 441.8 litres of foreign liquor was seized from Magic van.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.38928 of 2020(2) dt.12-02-2021 2/2 would submit that petitioners have nothing to do with the trade of liquor and nothing was recovered from conscious possession of the petitioners who are alleged to have seated in Bolero vehicle at the time of seizure of the liquor. Petitioners are in custody since 18.08.2020.

Considering the fact that the petitioners have no criminal antecedent and they are in custody since 18.08.2020, the Court is inclined to grant bail to the petitioners subject to the condition that the petitioners have to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioners, above-named, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with Obra P.S. Case No. 219 of 2020 G.R. No.732 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Obra P.S. Case No. 219 of 2020 G.R. No.732 of 2020.

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