Patna High CourtCR. MISC./57605/2024bail granted

Prakash Mushar v. The State Of Bihar

2024-08-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57605 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Prakash Mushar, aged about 46 years old, Male, Son of Late Baban Mushar Resident of Village-Kesath, P.S.- Nawanagar, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawanagar P.S. Case No. 58 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 90 liters of illicit country made liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery. The alleged house is a joint family property. Petitioner has got clean antecedent as stated in para 3 of the petition is in judicial custody since 06.05.2024.

Patna High Court CR. MISC. No.57605 of 2024(2) dt.09-08-2024 2/2

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner and similarly situated co-accused person namely Saukhin Musahar @ Lal Mohar Mushar has been granted bail by this Court in Cr. Misc. No. 30668 of 2024 vide order dated 22.04.2024, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-2, Buxar in connection with Nawanagar P.S. Case No. 58 of 2024. (Ramesh Chand Malviya, J) Anand Kr.

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