Paras Mushar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.519 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================
1. Paras Mushar, S/o Late Jamuna Mushar, R/o Village- Ramgarh Mushar Toli, P.S.- Ramgarh, District- Kaimur at Bhabua.
2. Doctor Mushar S/o Hira Mushar, R/o Village- Magardah, P.S.- Shivsagar, District- Rohtas (Sasaram), at present R/o Ramgarh Mushar Toli, P.S.- Ramgarh, District- Kaimur at Bhabua. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Excise Case No. 1561 of 2017 arising out of Ramgarh P.S. Case No. 274 of 2017 for the offences punishable under Sections 30(a), 38 of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that when the lady accused person was apprehended by the police, 15.2 liter of illicit liquor was recovered and she disclosed that the other bag, which was lying there and from which 15.6 liter of illicit liquor was recovered, belongs to the petitioner no.2. Upon disclosure of the said lady, a raid was conducted in the house of the petitioner no. 1
Patna High Court Cr.Misc. No.519 of 2018 (2) dt.18-01-2018 2/2 and 15.2 liter of illicit liquor was recovered. The learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that the petitioners have a clean antecedent and they are in custody since 3.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) cum Addl. Sessions Judge-4th. Kaimur at Bhabua in connection with Excise Case No. 1561 of 2017, arising out of Ramgarh P.S. Case No. 274 of 2017.
(Mohit Kumar Shah, J) BTiwary/- U T