Ramadhar Prasad @ Ramadhar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33143 of 2018 Arising Out of PS. Case No.-212 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Ramadhar Prasad @ Ramadhar Mahato, Son of Shivdhari Prasad, resident of village- Basantpur, P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Excise Case No. 212 of 2018 for offence under Sections 188, 114, 120B, 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel submits that petitioner has no criminal antecedent. It is alleged that 36 litre country made liquor was recovered in the seat of motorcycle. He further submits that nothing was recovered from the conscious and constructive possession of the petitioner, and he has been only implicated in this case on suspicion. It is further submitted that seizure list was not prepared in accordance with the principle

Patna High Court Cr.Misc. No.33143 of 2018(2) dt.05-06-2018 2/2 laid down under the Criminal Procedure Code.

Considering the totality of the fact and situation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IV Additional Sessions Judge-cum-Special Judge, Excise, Mothihari in connection with Excise Case No. 212 of 2018.

(Anil Kumar Upadhyay, J) Rakesh Kumar/Manoj U T