Butan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58822 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Butan Kumar Son Of Badhu Chaudhary R/O Vill - Baruhi, P.S. - Sahar, Distt. - Bhojpur.

... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution, total recovery of 30 liter desi mahua wine, which was made from two motorcycles, is the subject matter of the present case.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Counsel for the petitioner submits nothing was recovered from the possession of the petitioner and his name figured in this case by virtue of the confessional statement made by a Chowkidar. He submits that antecedent of the petitioner is clean.

Patna High Court CR. MISC. No.58822 of 2023(2) dt.13-09-2023 2/2

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Bhojpur at Ara in connection with Sahar P. S. Case No.118 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U T