Bhola Mushar @ Bhola Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1844 of 2021 Arising Out of PS. Case No.-375 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== Bhola Mushar @ Bhola Manjhi, S/o Bali Mushar, R/o village- Mandih, P.S.- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anis Akhtar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-07-2021 Heard Md. Anis Akhtar, the learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rajauli P.S. Case No. 375 of 2020, instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

On information to the police that one Karu Yadav

Patna High Court CR. MISC. No.1844 of 2021(2) dt.16-07-2021 2/3 and his associates are keeping liquor and are also brewing such liquor, a raid was conducted. Many litres of fermented Mahua liquid was recovered.

The petitioner is stated to be one of the persons who ran away at the time of the raid. This information, it has been submitted, has been given by the local Chowkidar. The source of such information to him has remained unknown till date.

The learned counsel for the petitioner has submitted that he has got no concern at all with aforesaid Karu Yadav or the liquor which has been seized. It therefore appears, it has been urged, that no case under the Excise Act can at all be said to have been made out against the petitioner.

The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, 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

Patna High Court CR. MISC. No.1844 of 2021(2) dt.16-07-2021 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-CumSpecial Judge, Nawada in connection with Rajauli P.S. Case No. 375 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T