Motilal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5260 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== Motilal Prasad, son of Late Ganesh Prasad, Resident of Village - Aranda, P.S.- M.H. Nagar. Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Mishra For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Siwan Town P.S. Case No.409 of 2018 for the offences punishable under Section 30(a), 36 of the Bihar Prohibition of Liquor and Excise Act, 2016.

The allegation is regarding recovery of 172.800 liters of illicit liquor from the Alto car from where the petitioner is stated to have fled away, however, he was arrested subsequently by the police.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the car in question does not belong to the petitioner and his name has been falsely dragged in the

Patna High Court Cr.Misc. No.5260 of 2019(2) dt.30-01-2019 2/2 present case. It is also submitted that though three cases are pending against the petitioner but he is on bail in all the said three cases. Petitioner is stated to be languishing in custody since 13.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Spl. Judge, (Excise) Siwan in connection with Siwan Town P.S. Case No.409 of 2018. (Mohit Kumar Shah, J) sanjeev/- U T