Umesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3373 of 2018 Arising Out of PS. Case No.-343 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Umesh Prasad, Son of Ram Chalitra Prasad @ Ram Chalitra @ Ram Chalitra Rai, Resident of Village-Agarwa, P.S. Jitna (Ghorasahan), District-East Champaran, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma For the Opposite Party/s :
Mr. SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Excise Case No. 343 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Informant is the A.S.I. GD (S.S.B) who in his written report has stated that on 08.12.2017 at about 3:00 AM he alongwith patrolling party was on check post (Naka). During the checking near boarder Pillar No. 360/17 he intercepted the bike of the petitioner and on search 440 bottles of 300 ml each (total 132 litre) of Nepali SOFI liquor was recovered.
Patna High Court Cr.Misc. No.3373 of 2018(3) dt.07-02-2018 2/2 Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner was coming from motorcycle then SSB intercepted and demanded the documents of motorcycle but he could not produce the document because the said motorcycle was not his. It has further been submitted that petitioner is not a boot legger and nothing has been recovered from his conscious possession. It has further been submitted that he has no criminal antecedent and he is in custody since 09.12.2017.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VII Cum Special Judge, Excise, East Champaran, Motihari, in connection with Motihari (East Champaran) Excise Case No. 343 of 2017. (S. Kumar, J) veena/- U T