Toni Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38836 of 2020 Arising Out of PS. Case No.-142 Year-2020 Thana- SOHSARAI District- Nalanda ====================================================== Toni Gope, aged about 40 years (male) Son of Indar Gope @ Indradev Yadav Resident Of Village- Singar Hat, P.S.- Sohsarai, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Prasad, Advocate For the Opposite Party :

Mr.Ashok Kumar Singh, 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 Sohsarai P.S. Case No. 142 of 2020, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case total 401.250 litres of foreign liquor was seized.

Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from the house of the petitioner. Petitioner is in custody since 17.08.2020. Considering the fact that the petitioner has no criminal antecedent and he is in custody since 17.08.2020, the Court is

Patna High Court CR. MISC. No.38836 of 2020(2) dt.10-02-2021 2/2 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 3rd Additional Sessions Judge-cumSpecial Judge Excise, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 142 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Sohsarai P.S. Case No. 142 of 2020. (Anil Kumar Upadhyay, J) BT/- U T