Devbrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59540 of 2017 Arising Out of PS.Case No. -285 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Devbrat S/o Srinath Sharma, R/o Village- Jihuli, P.S.- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No.285 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 36 litres of Nepali Saufi wine from the possession of the petitioner. The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 21.10.2017. Considering the nature of accusation, the period of

Patna High Court Cr.Misc. No.59540 of 2017 (2) dt.22-12-2017 2/2 custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII Cum Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No.285 of 2017.

(Mohit Kumar Shah, J) N.H./- U T