Ajay Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58700 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- DINARA District- Rohtas ====================================================== 1.

Ajay Mushar Son of Sheo Bachan Mushar, R/O Village- Koiriya, P.SDinara, Dist- Rohtas 2.

Kashi Mushar Son of Murli Mushar, R/O Village- Koiriya, P.S- Dinara, DistRohtas ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Dinara P.S. Case No. 224 of 2021, lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 200 liter country made liquor is subject matter of the present case. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Learned counsel further submits that the said recovery as per the

Patna High Court CR. MISC. No.58700 of 2022(2) dt.25-11-2022 2/3 seizure list has been made nearby pond and the petitioners were not apprehended from the place of occurrence but their name have come on the identification of the chowkidar. Learned counsel also submits that antecedents of the petitioners are clean. He further submits that charge-sheet has already been filed in the present case and petitioners are in custody since 17.07.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No. 1, Rohtas at Sasaram in connection with Dinara P.S. Case No. 224 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

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

Patna High Court CR. MISC. No.58700 of 2022(2) dt.25-11-2022 3/3