Judgment · High Court

Mr. Atul Kumar Pandey, Advocate Mr. Nityanand Mishra, Advocate Mr. APP For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 2 04-01-2022 Heard Mr. Atul Kumar Pandey, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 141 of 2020 instituted for the offence under Section 30(a) of the Bihar Excise Act. 86 litres of liquor is said to have been recovered from a tempo vehicle and the petitioner and two others are said to have run away from the place of raid. Learned counsel for the petitioner denies the aforesaid accusation and submits that his names were supplied by the local villagers who had definite axe to Patna High Court CR. MISC. No.15309 of 2021(2) dt.04-01-2022 grind against him. The petitioner does not have criminal antecedents. The petitioner does not own the vehicle nor is he in anyway connected with the liquor which has been seized. On these grounds, it has been urged that the offence under the Excise Act cannot at all be said to have been made out against him. For the reasons aforestated, the petitioner is 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 the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge Excise, Rohtas at Sasaram in connection with Excise Case No. 141 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T