Bhutkun Yadav @ Hiralal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36484 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- PAHARPUR District- East Champaran ============================================== BHUTKUN YADAV @ HIRALAL YADAV son of MADAHI YADAV ALIAS DHENUKH YADAV Resident of Sareya, Jagirititola, P.S.- Paharpur, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-01-2021 Heard Mr. Patanjali Rishi, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Paharpur P.S. Case No. 49 of 2020 instituted for the offences under Sections 30 (a) and 36 of the Bihar Prohibition and Excise Act, 2016.

1260 litres of raw spirit is said to have been recovered from an orchard belonging to the petitioner. Learned counsel for the petitioner submits that the recovery is not from his conscious possession but from a

Patna High Court CR. MISC. No.36484 of 2020(2) dt.30-01-2021 2/2 place which is open from all sides. He further submits that the petitioner is a person of clean antecedent and there does not appear to be any recovery indicating any attempt at brewing liquor.

The petitioner is in custody since 08.07.2020. Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, East Champaran, in connection with Paharpur P.S. Case No. 49 of 2020.

(Ashutosh Kumar, J) sunilkumar/- U T