Dara Prajapati @ Manjay Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12537 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Dara Prajapati @ Manjay Prajapati, S/o Halkrari Prajapati, R/o village Susnar, P.S. Aurangabad (M), District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Aurangabad (Muffasil) PS case no. 01 of 2018 registered for the offences punishable under Sections 30(a), 38(1) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 5.4 ltrs. of illicit liquor from the verandah of the house stated to be in the joint possession of the petitioner and his family members. The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that Section 100 of Cr.P.C. has not been complied while seizing the said illicit liquor, hence the entire seizure is vitiated in the eye of law. It is further submitted that the

Patna High Court Cr.Misc. No.12537 of 2018 (2) dt.28-02-2018 2/2 petitioner has a clean antecedent.

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, the abovenamed petitioner, in the event of his 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII-cum- Special Judge (Excise), Aurangabad in connection with Aurangabad (Muffasil) PS case no. 1 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T