Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31229 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -ANDER District- SIWAN ====================================================== Ashok Prasad S/o Kanhaiya Prasad R/o Village - Andar, P.S. - Andar, District - Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

14.480 litres of foreign liquor is said to have been recovered from the shop of the petitioner and the petitioner was apprehended.

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.31229 of 2018 (2) dt.21-05-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his shop. He has no criminal antecedent. He has been languishing in custody since 26.02.2018.

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 Addl. District and Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Andar P.S. Case No. 35 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T