This is an oral order granting bail to the petitioners under the Bihar Prohibition & Excise Act and IPC. The court observed they have no criminal antecedent and have been in custody for nearly eight months, directing the enrollment of two sureties.
Petitioners enlarged on bail upon furnishing bond of Rs. 1 lakh each with two sureties of like amounts.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23471 of 2020
Arising Out of PS. Case No.-47 Year-2020 Thana- KUDHNI District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Navendu Kumar, Advocate For the Opposite Party/s : Mr.Anuj Kumar Srivastava, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 18-09-2020 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State.
The petitioners are in custody in connection with Kudhani (Turki O.P.) P.S. Case No. 47 of 2020 for the offenses under Sections 414 and 34 IPC and 30(a), 38(i) and 41(i) of the Bihar Prohibition & Excise Act, 2016.
In the instant case 3400 liters of whisky liquor was seized from the truck of petitioner No. 1 and 3096 liters of wine was seized from the truck of petitioner No.2.
Learned counsel for the petitioners submits that petitioners have no criminal antecedent. The petitioner is in custody since 25.01.2020.
Patna High Court CR. MISC. No.23471 of 2020(2) dt.18-09-2020 2/2
Considering the fact that the petitioners have no criminal antecedent and they have remained in custody for nearly 8 months, the Court is inclined to grant bail to the petitioners subject to deposit of Rs. 01,00,000/- (One lac) cash each.
Let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 01,00,000/-(One lac) each with two sureties of the like amount each to the satisfaction of the Special Judge (Excise Act), Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 47 of 2020 subject to deposit of Rs. 01,00,000/- (One lac) cash each.
The deposit of cash of Rs. 01,00,000/- (One lac) each by the petitioners shall abide by the final outcome of the pending criminal case.
(Anil Kumar Upadhyay, J)
spandey/-
1 issue framed by the court
Whether to grant bail to petitioners who have no criminal antecedent and have been in custody for nearly eight months.
3 provisions across 2 enactments
Gaurav Bhathi
Harvindra Singh
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
