Raushan Jha @ Ashwanikant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3655 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== RAUSHAN JHA @ ASHWANIKANT JHA, Son of Rupanarayan Jha @ Bhanupratap Jha Resident of Village - Bahilwara Bhual, Utari, P.s.- Saraiya, Distt.-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh- Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-09-2021 Heard Mr. Vijay Kumar Singh, the learned Advocate for the petitioner and Md. Matloob Rab, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Saraiya P. S. Case No.213 of 2020, instituted for the offences under Sections 272, 273/ 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Though it is alleged in the F.I.R. that 13 litres of liquor was recovered from the hut of the petitioner but according to the learned Advocate for the petitioner, the hut belongs to somebody else. The aforesaid hut from where recovery has been made is also situated in the land of another person. These facts were not taken into account and composite complaint was filed indicating recovery from many places.

Patna High Court CR. MISC. No.3655 of 2021(2) dt.10-09-2021 2/2 The learned Advocate for the petitioner on the basis of the aforesaid facts has argued that no offence under the Excise Act can at all be said to have been made out. In support of the aforesaid contention, the learned Advocate for the petitioner has brought a document on record indicating that the place of recovery does not belong to the petitioner.

The petitioner has clean antecedents.

Considering the afore-stated facts, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Saraiya P. S. Case No.213 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T