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Patna High CourtCR. MISC./10733/2018bail granted

Meghu Paswan And ORS v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10733 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -CHANDI District- BHOJPUR ======================================================

1. Meghu Paswan, S/o Ram Tetar Paswan,

2. Manjay Paswan, S/o Nathun Paswan, null

3. Pramod Paswan S/o Surendra Paswan,

4. Nand Kumar Paswan @ Langad, All are R/o Village- Khangaon, P.S.- Chandi, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Chandi P.S. Case No.133 of 2017 arising out of Excise Case No.5845 of 2017 registered for the offence punishable under Section 30(A) of Bihar Excise Act, 2016. The allegation is regarding recovery of 90 litres of illicit Mahua liquor from the orchard of one Binod Singh. The learned counsel for the petitioners submits that neither any recovery has been effected from possession of the petitioner nor the orchards belongs to them.

Considering the nature of accusation and the fact

Patna High Court Cr.Misc. No.10733 of 2018 (2) dt.27-02-2018 2/2 that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the even of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.D.J.4, Bhojpur at Ara in connection with Chandi P.S. Case No.133 of 2017 arising out of Excise Case No.5845 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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