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Patna High CourtCR. MISC./51624/2019allowed

Digambar Mandal 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.51624 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Digambar Mandal, Son of Late Chulhai Mandal, Resident of VillageMangrauni Purwari Tole, P.S.- Rajnagar, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Madhubani (Sadar) G.O. Case No. 164 of 2019 for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2019. He further submits that in the instant case total 36 litres of beer and 27 litres of foreign liquor were seized. He submits that the aforesaid liquor was seized beside the house of Hare Ram and not from the conscious possession of the petitioner or from his house. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to

Patna High Court CR. MISC. No.51624 of 2019(2) dt.30-08-2019 2/2 be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IIcum- Special Judge, Excise Act, Madhubani in connection with Madhubani (Sadar) G.O. Case No. 164 of 2019 subject to the condition that the petitioner shall deposit Rs.25,000/- (Twenty Five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited. (Anil Kumar Upadhyay, J) uday/- U T