Patna High CourtCR. MISC./59085/2019allowed

Bittu Kumar v. The State Of Bihar

2019-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59085 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Bittu Kumar Son of Shiv Shankar Ray Resident of Village- Patharghat Mohanpur, P.S.- Patori, District- Samstipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bidupur P.S. Case No. 304 of 2019 for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 31.07.2019. He further submits that in the instant case 80 liters country made liquor was seized but nothing was recovered from the conscious possession of the petitioner and he has no concern with the seized liquor.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner, subject to deposit of Rs.25,000/- (Rupees twenty five thousand)

Patna High Court CR. MISC. No.59085 of 2019(2) dt.20-09-2019 2/2 cash in the Court below and on deposit of the same the Court below shall release the petitioner, named above, 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 Court of learned Additional Sessions Judge-IIcum-Special Judge Excise Act, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 304 of 2019. The deposit of Rs.25,000/- cash shall abide by the final outcome of pending criminal case.

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