Kaju Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38848 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Kaju Khan (M) aged about 21 years Son of Raju Khan Resident of Village - Chandapur (Lohata), Distt.- Varanashi (U.P.). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party :

Mr. Aditya Narayan Singh No.1, APP ====================================================== 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 Chand P.S. Case No. 116 of 2020, for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case total 405 litres of foreign liquor was seized from the vehicle.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the driver of the vehicle and he was not at all aware of the fact that the liquor was kept in the cartoon which was seized by the police from the vehicle. Petitioner is in custody since 02.09.2020.

Patna High Court CR. MISC. No.38848 of 2020(2) dt.10-02-2021 2/2 Considering the fact that the petitioner has no criminal antecedent and he is in custody since 02.09.2020, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 5th-cumSpecial Judge Excise, Kaimur at Bhabua in connection with Chand P.S. Case No. 116 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Chand P.S. Case No. 116 of 2020. (Anil Kumar Upadhyay, J) BT/- U T