Patna High CourtCR. MISC./24573/2019bail granted

Ashok Nut v. The State Of Bihar

2019-04-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24573 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- VIJAYEPUR District- Gopalganj ====================================================== Ashok Nut, aged about 75 Years, Male, Son of Late Gulteni Nut Resident of Village- Sukhlal chhapar, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-04-2019 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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

24 litres Mahua liquor is said to have been recovered from possession of the petitioner for which petitioner is in jail custody since 18.03.2019. Para-3 of the petition reveals that earlier two cases were lodged against the petitioner but not for the offences of Excise Act.

Submission on behalf of the petitioner is that the petitioner was caught on suspicion and as a matter of fact, the alleged recovery was made not from conscious possession of the

Patna High Court CR. MISC. No.24573 of 2019(2) dt.17-04-2019 2/2 petitioner rather the same was made from a field. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is aged about 75 years, let the petitioner, above named, 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Vijaipur P.S. Case No. 40 of 2019. (Hemant Kumar Srivastava, J) shahzad/- U T