Patna High CourtCR. MISC./77/2021allowed

Ajit Kumar @Tota Yadav v. The State Of Bihar

2021-02-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Ajit Kumar @ Tota Yadav, Son of Yamuna Yadav, Resident of Village- Padari, Ward No. 13, P.S.- Buxar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Buxar (Industrial) P.S. Case No. 171 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

In the instant case total 296 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 18.09.2020. He further submits that nothing was recovered from the conscious possession of the petitioner. 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.50,000/-

Patna High Court CR. MISC. No.77 of 2021(2) dt.19-02-2021 2/2 (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Buxar in connection with Buxar (Industrial) P.S. Case No. 171 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