Mahaur Bhagat @ Manaur Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82514 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== MAHAUR BHAGAT @ MANAUR BHAGAT Son of Late Jadu Bhagat @ Yadu Bhagat Resident of Village - Terasiya, Ward No. 14, P.S.- Ganga Bridge, Distt - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends his arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 35 litres of illegal country made liquor concealed in Jute bag from Bamboo Clumps behind the house of petitioner.
It has been submitted on behalf of petitioner that nothing has been recovered from the possession of petitioner and the so-called recovery is from Bamboo Clumps which is a public place accessible to every one. Petitioner has no criminal antecedent and has been falsely implicated in this case. No offence under the Excise Act is made out. Petitioner has no
Patna High Court CR. MISC. No.82514 of 2019(2) dt.12-12-2019 2/2 criminal antecedent.
Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Complaint Case Vide C-2A Case No. 25 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J) veena/- U T