Jiwan Rajak @ Nanhaki @ Nahhaki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8871 of 2020 Arising Out of PS. Case No.-165 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== JIWAN RAJAK @ NANHAKI @ NAHHAKI S/o Bhola Rajak R/o villageImamganj, Dhobi Tola, P.S.- Nagar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 165 of 2019 arising out of P.R. No. 52 of 2019 for the offence registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 324.115 liters of illicit liquor from the house of co-accused, namely, Rakesh Dhawan.

It is alleged that the petitioner is also one of his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent and is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that admittedly the illicit liquor has neither been recovered from the conscious possession of the petitioner nor from the house of

Patna High Court CR. MISC. No.8871 of 2020(2) dt.29-02-2020 2/2 the petitioner but from the house of the co-accused Rakesh Dhawan, hence the provisions of the Bihar Prohibition and Excise Act, 2016 qua the petitioner herein are not attracted. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016 qua the petitioner herein as far as the case of the petitioner for grant of anticipatory bail is concerned.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 165 of 2019 arising out of P.R. No. 52 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T