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2021 Supreme(Pat) 109

AHSANUDDIN AMANULLAH
Ashok Mahto – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Bijay Bhushan Prasad, Advocate, Madan Kumar, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Madan Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Excise Case No. 222 of 2020 dated 25.08.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from his hut 364.680 litres of liquor was recovered.

4. Learned counsel for the petitioner submitted that he is in custody since 25.08.2020 having no criminal antecedent and the recovery is from the hut and not the dwelling house of the petitioner.

5. Learned APP submitted that the recovery is from the place which was owned by the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd -cum-Special Judge, Excise, Samastipur in Excise Case No. 222 of 2020, subject to the conditions

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