Manoj Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4746 of 2018 Arising Out of PS.Case No. -395 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Manoj Nut, son of Kasim Nut, Resident of Village- Sigadi Murila, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-02-2018 The petitioner seeks bail in anticipation of his arrest in connection with Ramnagar P.S. Case No. 395 of 2017 dated 31.10.2017 instituted for the offences under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016. From the house of the petitioner, five litres of local country made liquor was recovered.

Learned counsel for the petitioner has submitted that an absolutely false allegation has been raised against the petitioner. The petitioner was not present in his house at the time of raid nor anyone of his family members was present. This fact is evident from the seizure list which does not bear the signature of anyone of the family of the petitioner. It has further been submitted that the name of the petitioner was taken by local

Patna High Court Cr.Misc. No.4746 of 2018 (2) dt.06-02-2018 2/2 villagers before the police party because of some previous enmity and precisely for this reason, the petitioner has been made accused in this case.

The petitioner does not have any criminal antecedents.

Regard being had to the quantity of liquor recovered and the petitioner having fair antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah in connection with Ramnagar P.S. Case No. 395 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T