Patna High CourtCR. MISC./81495/2019allowed

Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

2019-12-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81495 of 2019 Arising Out of PS. Case No.-434 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Akhilesh Kumar @ Akhlesh Kumar, Son of Achchelal Sahni, Resident of Village- Sundrapur Malahi Tola Chatti, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, 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 Kesaria P.S. Case No. 434 of 2019 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 03.09.2019. He further submits that in the instant case total 342.96 litres of foreign liquor was seized.

Considering the fact that the petitioner has remained in custody for more than three months, 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

Patna High Court CR. MISC. No.81495 of 2019(2) dt.11-12-2019 2/2 like amount each to the satisfaction of Additional Sessions Judge-IX-cum- Special Judge, Excise Act, East Champaran, Motihari in connection with Kesaria P.S. Case No. 434 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