Shiv Kumar Mushhar @ Shiv Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58644 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Shiv Kumar Mushhar @ Shiv Kumar Ram, Son of Late Girdhari Mushhar, Resident of Village- Bhadeya, P.S.- Ara Muffasil, District- Bhojpur. 2.

Kanchan Mushhar @ Kanchan Ram, S/O Shiv Kumar Mushhar, Resident of Village- Bhadeya, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 This is an application for grant of anticipatory bail in connection with Muffasil (Dhobaha O.P.) P.S. Case No. 133 of 2019, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 341 and 353 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that the police on information that the petitioners are engaged in liquor trade, raided the house of the petitioner no.1 and from the behind of his house, recovered 06 liters of illicit liquor. There is further allegation that while the police party returning from the place of occurrence, many persons attacked on the police party.

Submission of the learned counsel for the petitioners is that there is no recovery from their house or from their field

Patna High Court CR. MISC. No.58644 of 2019(2) dt.17-09-2019 2/2 and there is no specific allegation attributed against them. Further submission is that they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned 4th Additional Sessions Judge-cum- Special Judge, Excise Act, Bhojpur (Ara), in connection with Muffasil (Dhobaha O.P.) P.S. Case No. 133 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T