Patna High CourtCR. MISC./125/2021allowed

Suresh Prasad v. The State Of Bihar

2021-03-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.125 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== SURESH PRASAD, Son of Late Raghunath Mahto, Resident of Village - Misrauli Kalwarpati, P.S.- Chanpatia, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Excise Case No. 62 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case 185 litres of country made liquor, 15 Kg Gur, 1 Kg Urea, 1 Kg Mahua Flower and other articles were seized, which is alleged to be used for manufacturing of illicit liquor.

Learned counsel for the petitioner submits that prior to the present case the petitioner was not made accused in connection with the Bihar Prohibition and Excise Act. The petitioner is in custody since 27.08.2020.

Considering the fact that earlier the petitioner was not made accused under the Bihar Prohibition and Excise Act, the

Patna High Court CR. MISC. No.125 of 2021(3) dt.05-03-2021 2/2 petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Bettiah, West Champaran in connection with Excise Case No. 62 of 2020.

The petitioner shall deposit Rs.50,000/- (Fifty thousand) cash in the court below and the same shall abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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