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Patna High CourtCR. MISC./1811/2021bail granted

Munna Yadav v. The State Of Bihar

2021-07-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1811 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== MUNNA YADAV SON OF UMESH YADAV R/O VILLAGE PAHWACHAK, P.S. RAJAULI, DISTRICT NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-07-2021 Heard Mr. Pramod Kumar Verma, learned Advocate 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 Rajauli P.S. Case No. 392 of 2020 dated 20.08.2020 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

On a raid by the police, 100 litres of country made Mahua liquor and some articles for brewing such liquor were recovered. The Chowkidar has disclosed the name of the petitioner along with other accused persons. Learned Advocate for the petitioner has submitted that nothing has been recovered from his possession and the place of recovery also does not

Patna High Court CR. MISC. No.1811 of 2021(2) dt.14-07-2021 2/2 belong to him.

The petitioner is a person of clean antecedent. It has been submitted on behalf of the petitioner that on these facts, it would become very clear that no offence under the Excise Act can at all be said to have been made out against the petitioner.

For the facts stated above, the petitioner 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 Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 392 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T