Bhola Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82109 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== BHOLA PASI S/o- Nathuni Pasi @ Nathuni Chudhari Resident of VillageBishunpura, P.S.- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 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 Mairwa PS case no. 193 of 2019 registered for the offences punishable under Sections 30 (a), 38(i), 41(i) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of jaggery and ammonium chloride from behind the house of five accused persons.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, no recovery has been made either from his house or from his possession, hence the provisions of the Bihar Prohibition and Excise Act, 2016 is not attracted. It is further submitted that the petitioner has been

Patna High Court CR. MISC. No.82109 of 2019(2) dt.11-12-2019 2/2 falsely implicated in the present case and is having a clean antecedent.

Having regard to the facts and circumstances of the case, 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 learned Addl. Sessions Judge-IInd-cum-Special Judge, Excise, Siwan in connection with Mairwa PS case no. 193 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U