Bittu Kumar Upadhya @ Hari Bhushan Uphadhya @ Bidhu Upadhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30556 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -RASULPUR District- SARAN ======================================================

1. Bittu Kumar Upadhya @ Hari Bhushan Uphadhya @ Bidhu Upadhya S/o Pasupati Upadhya, R/o Vill.- Madhopur, P.S.- Rasulpur, Distt.- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Rasulpur P.S. Case No. 13 of 2018 dated 10.02.2018 for the offences punishable under Section(s) 30, 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the recovery of 129.6 liters of illicit liquor from the possession of the petitioner. The learned counsel for the petitioner submits that in fact no recovery has been made from the conscious possession of the petitioner and the petitioner is not the owner of the truck. It is further submitted that the petitioner has a clean antecedent and is languishing in custody since 10.02.2018.

Having regard to the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.30556 of 2018 (2) dt.22-05-2018 2/2 petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6th Saran at Chapra in connection with Rasulpur P.S. Case No. 13 of 2018.

(Mohit Kumar Shah, J) Sanjeev/- U T