Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76631 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- JALE District- Darbhanga ====================================================== Manish Kumar S/O Shankar Sah, Resident of Village- Khesar, P.S. - Jalley, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with G.O. Excise Case No. 1065 of 2019 (Jalley P.S. Case No. 173 of 2019) for the offence under Section 120(B) of the Indian Penal Code and 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 18.10.2019. He further submits that in the instant case total 162 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.76631 of 2019(3) dt.11-12-2019 2/2 each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Darbhanga in connection with G.O. Excise Case No. 1065 of 2019 (Jalley P.S. Case No. 173 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