Patna High CourtCR. MISC./14776/2019bail granted

Mukesh Pasi v. The State Of Bihar

2019-03-13Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14776 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Mukesh Pasi, aged about 23 yrs., Male, Son of Prabhu Pasi, Resident of Village- Bahora Tola, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Manjhagarh P.S. Case No. 08 of 2019, dated 04.01.2019, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Though the petitioner has been named in the F.I.R., but from the reading of the same, it appears that his name has been provided by the villagers as having

Patna High Court CR. MISC. No.14776 of 2019(2) dt.13-03-2019 2/3 been seen running away from near a bush. It is the case of the prosecution that on chase, the petitioner threw away the bottle of liquor weighing approximately 7.200 litres and ran away taking advantage of darkness. The learned counsel for the petitioner has submitted that but for the statement of local persons, details of whom have not been provided in the F.I.R., there is no other material to connect the petitioner with the offence. There is no recovery either from the possession or constructive possession of the petitioner. The recovery is from a bush which is accessible from all sides.

Taking into account the aforesaid facts as also the clean antecedents of the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, 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

Patna High Court CR. MISC. No.14776 of 2019(2) dt.13-03-2019 3/3 learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise, Gopalganj in connection with Manjhagarh P.S. Case No. 08 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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