Kedar @ Videshi Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68650 of 2019 Arising Out of PS. Case No.-495 Year-2019 Thana- MUFFASIL District- West Champaran ============================================== Kedar @ Videshi Patel, aged about 35 years gender male, Son of Late Nathuni Patel Resident of Village- Patrakha, P.S.- Manuapool, DistrictWest Champaran at Bettiah. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vikram Jeet, Advocate For the State :

Mr.Bishweshwar Ram, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Muffasil (Manuapool) P.S. Case No. 495 of 2019 which has been instituted for the offences under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 15 litres of country made liquor has been recovered from a bush behind the house of the petitioner. The petitioner has clean antecedents and denies of having hidden any prohibited articles behind his house,

Patna High Court CR. MISC. No.68650 of 2019(2) dt.27-11-2019 2/2 the place of recovery which is accessible to anyone. Considering this aspect of the matter, this Court is of the view that no offence under the provisions of the Bihar Prohibition and Excise Act, 2016 can at all be said to have been made out.

The petitioner, above-named, is thus directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Special Judge Excise , West Champaran at Bettiah in connection with Bettiah Muffasil (Manuapool) P.S. Case No. 495 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) BT/- U T