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Patna High CourtCR. MISC./55604/2019allowed

Ashok Kumar v. The State Of Bihar

2019-09-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55604 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KANHAULI District- Sitamarhi ====================================================== Ashok Kumar, Son of Yogendra Mahto, Resident of Village- Baduri Amghatta, P.S.- Sahiyara, Ward No. 12, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Kanhauli P.S. Case No. 74 of 2019 for the offence under Section 30(a) 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 04.07.2019. He further submits that in the instant case total 918 litres of Nepali Saufi 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 each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with

Patna High Court CR. MISC. No.55604 of 2019(2) dt.12-09-2019 2/2 Kanhauli P.S. Case No. 74 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