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Patna High CourtCR. MISC./52711/2019allowed

Babul Alam v. The State Of Bihar

2019-08-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52711 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- BAUSI District- Purnia ====================================================== Babul Alam, Son of Mustafa, Resident of Village- Dhantola , P.S.- Islampur, District- Uttar Dinazpur (W.B.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Excise Case No. 477 of 2019, arising out of Baisi P.S. Case No. 124 of 2019, for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a) 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 20.06.2019. He further submits that in the instant case total 242.25 litres of foreign liquor was seized. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.52711 of 2019(2) dt.23-08-2019 2/2 each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Purnea in connection with Special Excise Case No. 477 of 2019, arising out of Baisi P.S. Case No. 124 of 2019 subject to the condition that the petitioner shall deposit Rs.50,000/- (Fifty 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.50,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

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