Deoki Musahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28247 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== DEOKI MUSAHAR, S/o Sri Bacchu Musahar Resident of Village-Kusumha, P.S-Udwant Nagar, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nihar Nandan Ambashtha For the Opposite Party/s :
Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Nihar Nandan Ambashtha, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 487 of 2020, arising out of Udwant Nagar P. S. Case No. 100 of 2020 dated 08.03.2020, instituted for the offence under Section 30(A) of the Bihar Prohibition and Excise
Patna High Court CR. MISC. No.28247 of 2020(2) dt.04-12-2020 2/3 (Amendment) Act, 2018.
5 liters of country-made liquor is said to have been recovered from a street on which house of the petitioner is situated. The liquor was found concealed beneath garbage. The disclosure about the liquor belonging to the petitioner has been made by a villager who has definite animus against the petitioner. The petitioner does not bear any criminal antecedents.
Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ivth Additional Sessions Judge cum Special Judge Excise, Bhojpur at Ara, in connection with Excise Case No. 487 of 2020, arising
Patna High Court CR. MISC. No.28247 of 2020(2) dt.04-12-2020 3/3 out of Udwant Nagar P. S. Case No. 100 of 2020, subject to the conditions as laid down under Section 438
(2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T