Pramod Mushar @ Dhoda Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39577 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -PIRO District- BHOJPUR ====================================================== Pramod Mushar @ Dhoda Mushar, S/O Teni Mushar, resident of villagePiro, Ward No.13, P.S. Piro, District-Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Amrendra Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 25.05.2017 in Excise Case No.748/17 arising out of Piro P.S. Case No.112/2017 registered for the offence under Sections 30(A)/56(E) 37(ii) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that in absence of petitioner or any other members of his family, illegally search was made by the police and recovery of about 25 liters of country made liquor was shown and the petitioner was made accused. He submits that neither seizure list was provided to the petitioner nor seizure list was prepared in accordance with Section 100 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.39577 of 2017 (2) dt.19-08-2017 2/2 By way of referring to the statement made in paragraph-3 of the petition, learned counsel for the petitioner further submits that the petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner, namely, Pramod Mushar @ Dhoda Mushar be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Addl. Sessions Judge, Ara, Bhojpur in connection with Excise Case No.748/17 arising out of Piro P.S. Case No.112 of 2017. (Rakesh Kumar, J) NKS/- U T