Patna High CourtCR. MISC./24241/2018bail granted

Brij Mohan Prasad @ Brij Mohan Barun v. The State Of Bihar

2018-04-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24241 of 2018 Arising Out of PS.Case No. -654 Year- 2017 Thana -BODHGAYA District- GAYA ====================================================== Brij Mohan Prasad @ Brij Mohan Barun S/o Late Jagdish Mahato, R/o Vill.- Mocharim, P.S.- Bodh Gaya, Distt.- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks anticipatory bail in connection with Bodh Gaya P.S. Case No. 654 of 2017 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is regarding recovery of 35 liter of mahua wine and 40 Kg of Mahua flower from premises situated in a village i.e. the village where the petitioner is residing. The learned counsel for the petitioner submits that the said Mahua liquor and Mahua flower have not been recovered from the conscious possession of the petitioner. It is further submitted that the provisions of Section 100 of the Code of

Patna High Court Cr.Misc. No.24241 of 2018 (2) dt.25-04-2018 2/2 Criminal Procedure has not been complied with, hence the seizure itself is doubtful.

Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of 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, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Bodh Gaya P.S. Case No.654 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Mohit Kumar Shah, J) BTiwary/- U T