Patna High CourtCR. MISC./137/2021allowed

Haji Umar @ Hazi Umar v. The State Of Bihar

2021-02-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.137 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Haji Umar @ Hazi Umar, Son of Arshad Ali, Resident of Ajrara, P.S. - Mudali, District - Merut (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Chakia P.S. Case No. 260 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case total 3025.88 litres of liquor was seized.

Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle. He further submits that the petitioner was unaware of the fact that liquor was kept inside the vehicle. The petitioner has got no criminal antecedent and he is in custody since 27.07.2020.

Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.1,00,000/-

Patna High Court CR. MISC. No.137 of 2021(2) dt.20-02-2021 2/2 (Rupees One lakh) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XIII-cum- Special Judge, Excise Act, East Champaran, Motihari in connection with Chakia P.S. Case No. 260 of 2020.

The petitioner shall deposit Rs.1,00,000/- (One Lakh) 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.1,00,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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