Muni Lal Dhangad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7671 of 2020 Arising Out of PS. Case No.-117 Year-2019 Thana- PALANWA District- East Champaran ====================================================== Muni Lal Dhangad Son of Late Moti Lal Dhangad Resident of VillageDhangad Toli, Palanwa, Police Station-Palanwa, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2020 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Palanwa P.S. Case No. 117 of 2019 dated 07.11.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that six litres of liquor was recovered from a hut which is said to belong to the petitioner.

The petitioner denies that he is in exclusive possession of the hut. In fact, the recovery has been made from a cattle shed which is used by many persons of his household to keep their cattle. The place of

Patna High Court CR. MISC. No.7671 of 2020(2) dt.10-06-2020 2/2 recovery is also not an enclosed space and is accessible to all and sundry.

The petitioner has clean antecedent.

Regard being had to the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Under Excise Act, East Champaran, Motihari in connection with Palanwa P.S. Case No. 117 of 2019 , subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T