Bhuthnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11286 of 2020 Arising Out of PS. Case No.-1777 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Bhuthnath Ray, aged about 25 years, male, Son of Late Chaturi Ray, Resident of Village-Samera, P.S-Barahara, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-02-2020 The petitioner seeks bail in connection with Excise Case No. 1777 of 2019, dated 03.09.2019, instituted for the offences under Section 30(a) of the Bihar Excise Act. The petitioner is in custody since 04.09.2019 and does not have criminal antecedents.

It appears that 90 litres of locally brewed Mahuwa liquor has been recovered from the hut belonging to the petitioner.

Patna High Court CR. MISC. No.11286 of 2020(2) dt.29-02-2020 2/2 Learned counsel for the petitioner has submitted hat the aforesaid quantity of liquor has been kept in the hut deliberately for making the petitioner an accused in this case. The hut does not have proper enclosure and, therefore, the possibility of false implication of the petitioner cannot be ruled out.

Regard being had to the nature of accusation and the petitioner of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IVCum-Special Judge (Excise), Bhojpur at Ara in connection with Excise Case No. 1777 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T