Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71345 of 2022 Arising Out of PS. Case No.-48 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Upendra Kumar S/O Ramdev Sah R/V- Olipur, Sarhanchia, P.S.- Mahindrawara, District- Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 400 litres of illicit liquor from a tractor. The petitioner is owner of the seized tractor.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.71345 of 2022(2) dt.13-01-2023 2/3 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has come only because he is the owner of the seized tractor. The petitioner has been remanded in the present case from Sakra P.S. Case No. 275 of 2022. The petitioner is languishing in custody since 22.09.2022. The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Sitamarhi.
In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Case No. C-2/48/2019. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District
Patna High Court CR. MISC. No.71345 of 2022(2) dt.13-01-2023 3/3 Legal Services Authority, Sitamarhi.
(Sunil Kumar Panwar, J) Shageer/- U T