Patna High CourtCR. MISC./176/2021allowed

Amarnath Kumar v. The State Of Bihar

2021-02-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.176 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Amarnath Kumar, Son Of Ram Ashish Rai, aged about 18 years (M), Resident Of Village - Bheraiyya, P. S.- Malangwa, District - Sarlahi (Nepal). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Jha, Advocate For the Opposite Party :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with C-2335 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 108 litres of Nepali Saufi liquor was seized.

Learned counsel appearing on behalf of the petitioner submits that in the instant case, law was not followed in preparation of the seizure list. Petitioner is in custody since 05.09.2020.

Patna High Court CR. MISC. No.176 of 2021(2) dt.22-02-2021 2/2 Considering the fact that the petitioner has no criminal antecedent and he is in custody since 05.09.2020, the Court is 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 2nd Additional District & Sessions Judge-cum-Special Judge (Excise), Sitamarhi in connection with C-2-335 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of C-2-335 of 2020.

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