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Patna High CourtCR. MISC./10202/2018bail granted

Bhuvar Sah @ Bhuar Sah v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10202 of 2018 Arising Out of PS. Case No.-1031 Year-2016 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Bhuvar Sah @ Bhuar Sah, S/o Dadan Sah, R/o Village- Amra Talab, P.S. Sasaram (Muffasil), District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. ANUJ KUMAR SRIVASTAVA ====================================================== 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 Sasaram (Muffassil) P.S. Case No. 1031 of 2016 registered for the offence punishable under Sections 47 (a), 53(b) and 54 Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 173.2 litres of illicit liquor from the house of one Nathuni Prajapati. The learned counsel for the petitioner submits that neither any recovery has been made from the possession of the petitioner nor from his house. It is submitted that the said Nathuni Prajapati has not been made accused in the present case. It is further submitted that the petitioner is having a clean antecedent.

Patna High Court Cr.Misc. No.10202 of 2018(2) dt.27-02-2018 2/2 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 Additional Sessions Judge-IInd-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (Muffassil) P.S. Case No. 1031 of 2016 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