Ajit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3932 of 2020 Arising Out of PS. Case No.-295 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== Ajit Thakur Son of Ram Thakur Resident of Village - Badhauna, P.S.- Pakri Barawan, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Pakribarawan P.S. Case No. 295 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per F.I.R., 2.4 liters of Mahua liquor is said to have recovered from an open filed.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that except suspicion, there is nothing on record to connect the petitioner from the present case. Neither the said field nor liquor belongs to petitioner. Mandatory provision under Section 100 Cr.P.C. has not been followed with respect to search and seizure. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.3932 of 2020(2) dt.03-03-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Second Additional Sessions Judge-cum-Special Judge, Nawada in connection with Pakribarawan P.S. Case No. 295 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T