Patna High CourtCR. MISC./53400/2019allowed

Pintu Rai v. The State Of Bihar

2019-08-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53400 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== PINTU RAI Son of Padarath Rai Resident of Village - Mahindrawara, P.S.- Mahnar, Dist.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Jandaha P.S. Case No. 162 of 2019 for the offenses under Sectiond 353. 307. 332. 224. 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that he was involved in sale of liquor. During search 357.120 liters of liquor is alleged to have been seized from vehicle.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner has no concern with the vehicle or the liquor alleged to have been seized. The petitioner is in custody since 01.07.2019. Considering the fact that the petitioner has no

Patna High Court CR. MISC. No.53400 of 2019(2) dt.30-08-2019 2/2 criminal antecedent, the Court is inclined to grant bail. But considering the quantity of liquor the Court is constrained to impose stringent condition for release of the petitioner. Let the petitioner, above named, be enlarged on bail on deposit of a cash of Rs. 50,000/- in the court below and on deposit of the cash the court below shall release him on bail furnishing bail bond of Rs. 50,000/-(Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II cum- Special Judge (Excise Act), Vaishali at Hajipur in connection with Jandaha P.S. Case No. 162 of 2019. The deposit of cash of Rs. 50,000/- shall abide by the final outcome of the pending criminal case.

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