Tipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7075 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== TIPU KUMAR, Son of Ganesh Singh, R/o village - Raja Devar, P.S. - Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with G.O. Case No. 257 of 2020 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case total 101 litres of liquor was seized. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 24.10.2020. He further submits that nothing was recovered from the possession of the petitioner and he was not arrested at the spot. He also submits that the petitioner has been falsely shown to have been arrested along with liquor. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to

Patna High Court CR. MISC. No.7075 of 2021(2) dt.01-02-2021 2/2 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Nawada in connection with G.O. Case No. 257 of 2020 with the condition that 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