Jai Kishore Prasad @ Jay Kishore Mahto @ Jai Kishore Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24207 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jai Kishore Prasad @ Jay Kishore Mahto @ Jai Kishore Prasad Mahto S/o Rajendra Mahto, R/o Vill.- Lakhoura, P.S.- Ghorasahan, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Jeet For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

153 litres of Nepali wine is said to have been recovered from six bags being carried by 5-6 accused persons but all of them barring the petitioner managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.24207 of 2018 (2) dt.01-05-2018 2/2 merely on suspicion by the personnel of Excise department while he was passing through the place of occurrence at the time of occurrence. Seizure list does not indicate as to what quantity of liquor was recovered from whose bag. He has no criminal antecedent. He has been languishing in custody since 02.11.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Addl. District and Sessions Judge cum Special Judge, East Champaran, Motihari in connection with Excise Case No. 293 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T