Bhushan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8443 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== BHUSHAN THAKUR SON OF SANJAY THAKUR @ SANJAY KUMAR R/O VILLAGE- PACHOI, P.S.- KHIZARSARAI, DIST.- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Adv.
For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Khijarsarai P.S. Case no. 196 of 2020 registered under section 30(c) of the Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, on information having been received and a raid conducted, 800 litres of Mahua liquor was recovered from the place of occurrence. It is further stated that it was disclosed by the villagers that three accused persons including the petitioner herein were doing the business of liquor. It is submitted by learned counsel for the petitioner that except for a bald statement of villagers made before police,
Patna High Court CR. MISC. No.8443 of 2021(2) dt.07-06-2021 2/2 there is no other material against the petitioner. No incriminating article has been recovered from his possession. He is in custody since 17.10.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khijarsarai P.S. Case no. 196 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya. (Partha Sarthy, J) Bibhash U T