Patna High CourtCR. MISC./38946/2020allowed

Vinod Bhagat 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.38946 of 2020 Arising Out of PS. Case No.-389 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Vinod Bhagat Son of Shivalochan Bhagat Resident of Village - Sugaondih, P.S.- Sugauli, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv.

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 Sugauli P.S. Case No. 389 of 2020 for the offence under section 30(A) 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 3465 liters of Indian Foreign Liquor was seized from the poultry farm owned by this petitioner.

Learned counsel submits that the seizure was not prepared in accordance with the mandatory provision 100 of Cr.P.C. Learned counsel further submits that the petitioner is hermit and resides at Dharampur Math. The poultry farm

Patna High Court CR. MISC. No.38946 of 2020(2) dt.12-02-2021 2/2 belongs to family of the petitioner.

The petitioner is in custody since 7.8.2020.

Considering the submission of the petitioner that poultry farm belongs to family of the petitioner and not run by this petitioner who has hermit, 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. 1,00,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge,Excise, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 389 of 2020 subject to the condition that the petitioner shall deposit Rs. 1,00,000/- cash in the court below and the amount of Rs.1,00,000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

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