Munna Pandit @ Munna Litti @ Munna Prajapat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11379 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- BUNIADGANJ District- Gaya ====================================================== Munna Pandit @ Munna Litti @ Munna Prajapat, S/o Late Gaya Pandit @ Gaya Prajapat, Resident of Manpur, Harijan Dharamshala, P.S.-Moffasil, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Sinha For the Opposite Party/s :
Mr. ABHAY KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Buniyadganj P.S. Case No. 173 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Excise Prohibition Act, 2016.
The allegation is regarding recovery of 80 litres of illicit Mahua wine and 30 Kg. of Mahua flower from an Auto Rickshaw.
The learned counsel for the petitioner submits that the fact is that no recovery has been effected from the conscious possession of the petitioner and the petitioner is also not the owner of the said Auto Rickshaw. The petitioner is said to be
Patna High Court Cr.Misc. No.11379 of 2018(2) dt.27-02-2018 2/2 having a clean antecedent.
Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Buniyadganj P.S. Case No. 173 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T