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Patna High CourtCR. MISC./38911/2020allowed

Kailash Mahto v. The State Of Bihar

2021-02-12Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38911 of 2020 Arising Out of PS. Case No.-340 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Kailash Mahto S/o Laxmi Mahto @ Lakshmi Mahto @ Lakmi Mahto R/o Village- Bhairav Kothi @ Bhairava Kothi @ Bhairo Kothi, P.S.- Sitamarhi, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with C2 Case No. 340 of 2020 registered for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

In the instant case, 162 litres of liquor has been seized.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.38911 of 2020(2) dt.12-02-2021 2/3 petitioner would submits that due to village politics, the petitioner has been made accused in the instant case. The liquor was seized from a Maruti Alto car which does not belong to this petitioner.

The petitioner is not having any criminal antecedent and he is in custody since 09.09.2020. Considering the fact that petitioner has no criminal antecedent, 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 Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with C2 Case No. 340 of 2020.

The deposit of cash of Rs. 50,000/- shall

Patna High Court CR. MISC. No.38911 of 2020(2) dt.12-02-2021 3/3 abide by the final outcome of the present pending criminal case.

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