Bhajju Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31484 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== BHAJJU NISHAD Son of Amir Mahto Resident of Village - Simariya Ghat, Bind Toli, P.S.- Barauni (Chakiya), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Barauni (Chakiya) P.S. Case No. 29 of 2019, instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that there is no recovery of any illicit liquor from conscious possession of the petitioner. He further submits that seizure list which is part of the First Information Report does not bear signature of the petitioner.

It is alleged in the written report that 102 litres of Jharkhand country made liquor kept in three plastic sacs has been recovered from the Motorcycle. The name of petitioner has been disclosed by the villagers before the Police.

Patna High Court CR. MISC. No.31484 of 2019(2) dt.26-06-2019 2/2 Petitioner is in custody since 27.3.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd cum-Spl. Judge Excise Act, Begusarai, in connection with Barauni (Chakiya) P.S. Case No. 29 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T