Patna High CourtCR. MISC./161/2021allowed

Bhola Kumar Poddar v. The State Of Bihar

2021-02-20Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.161 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Bhola Kumar Poddar, son of Jai Ram Poddar, resident of Pali, P.S.- Ghanshyampur, Dist- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Singh For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of opposite party. The petitioner is in custody in connection with Town P.S. Case No. 255 of 2020 for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

In the instant case, 118 litres of nepali liquor is alleged to have been seized from the shop of the petitioner.

Learned counsel appearing on behalf of the petitioner would submits that the shop from which the recovery has been made does not belong to the

Patna High Court CR. MISC. No.161 of 2021(2) dt.20-02-2021 2/3 petitioner, rather it belongs to one Hari Yadav. He further submits that nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern either with Hari Yadav or the alleged recovery of liquor.

The petitioner is not having any criminal antecedent and he is in custody since 28.09.2020. Considering the fact that petitioner has no criminal antecedent, this Court is inclined to grant bail to the petitioner on deposit of cash of Rs. 50,000/-. On deposit of cash of Rs. 50,000/-, the petitioner, above named, shall be released on bail on his furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Darbhanga in connection with Town (Kotwali O.P) P.S. Case No. 255 of 2020(G.O No. 1009/20.

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

Patna High Court CR. MISC. No.161 of 2021(2) dt.20-02-2021 3/3 by the final outcome of the present pending criminal case.

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