Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30410 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== RAJU KUMAR, S/o- Ram Bilash Mahto Resident of Village- Darha Thansingh, P.S.- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Braj Bhushan Poddar, 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 Bakhari (Purihara O.P.) P. S. Case No. 117 of 2020 dated 23.03.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.30410 of 2020(2) dt.18-12-2020 2/3 5 litres of Mahua liquor is said to have been recovered from a motor-cycle which has been seized by the police in an abandoned condition.

The learned counsel for the petitioner has submitted that he had left the motor-cycle by the side of the road and had gone to scrape grass. When he learnt that his motor-cycle has been seized, he wanted to have it returned but was not in a position to pay any extra money. It is only because of this that the petitioner has been made accused in this case.

However, regard being had to the fact that there is no recovery from the possession of the petitioner and he enjoys clean 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 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

Patna High Court CR. MISC. No.30410 of 2020(2) dt.18-12-2020 3/3 A.D.J. 2nd cum Special Judge, Excise Act, Begusarai, in connection with Bakhari (Purihara O.P.) P. S. Case No. 117 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