Uday Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8730 of 2022 Arising Out of PS. Case No.-596 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Uday Mushar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks regular bail in connection with a case registered for the offences punishable under Sections 30(a)/ (c) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that recovery of 40 litres country made Mahua liquor in two white colour plastic gallon from Gidahiya Pahar. It is further alleged that the manufacturing and selling of illegal liquor were doing by Arjun Mushar, Uday Mushar, Upendra Mushar and Shankar Yadav, after seeing the police, they were fled away. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8730 of 2022(2) dt.13-07-2022 2/2 petitioner is innocent and has been implicated in this case on the basis of suspicion. It is further submitted that the petitioner is a farmer and he was not present at the place of occurrence. No incriminating articles have been recovered from the possession of the petitioner and he is in custody since 22.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Rajauli P.S. Case No. 596 of 2021. (Khatim Reza, J) annpurna/- U T