Mangal Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28549 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Mangal Miyan Son of Late Mishrauli Miyan, Resident of villageBhagwanpur Chatti, P.S. Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Kumari Vandana, Adv. For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 47(a), 53(c) of Bihar Excise (Amendment) Act.

Petitioner is languishing in jail custody since 05.05.2016 on the accusation that 30 litres toddy was recovered from his shop but admittedly, petitioner was neither caught on the spot nor anything was recovered from his conscious possession. Submission on behalf of the petitioner is that there is nothing in the prosecution report to show that the seized toddy was fermented toddy and therefore, the seized toddy does not come

Patna High Court Cr.Misc. No.28549 of 2016 (2) dt.18-07-2016 2/2 under the purview of liquor as defined in the Excise Act. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Excise Case No. 136 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T