Ashok Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43283 of 2018 ====================================================== Ashok Ram, Son of Sukul Ram, Resident of Village- Harpur Nag, P.S.- Mehsi, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 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 37(d), 30 & 38 of the Bihar Prohibition and Excise Act, 2016.

25 litres of toddy is said to have been recovered from the house 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 toddy. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of

Patna High Court Cr.Misc. No.43283 of 2018 (2) dt.18-07-2018 2/2 keeping of the said toddy in the house. He has no criminal antecedent. He has been languishing in custody since 05.06.2018. 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 Additional District & Sessions Judge-VII -cum-Special Judge, Excise, East Champaran, Motihari in connection with Mehsi P.S. Case No. 183 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T