Mohan Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44583 of 2018 Arising Out of PS.Case No. -8 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ====================================================== Mohan Pasi, Son of late Bhagelu Pasi, resident of Village- Fulwariya, P.S.- Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 Section 47 (A) of the Bihar Prohibition and Excise Act, 2016.

50 liters of country made liquor and 720 Kilogram Jawa Mahua are said to have been recovered from the house of the petitioner and 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 or Jawa Mahua. The house of the petitioner is inhabited by his several family members and he had no knowledge

Patna High Court Cr.Misc. No.44583 of 2018 (2) dt.24-07-2018 of keeping of the said liquor or Jawa Mahua in the house. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 05.06.2018. In the facts and circumstances of the case, 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 Sessions Judge 2nd -cum-Special Judge Excise Act, Gopalganj in connection with Excise complaint Case No. 540 of 2017 trial no. 640 of 2018 arising out of Excise case No. 8 of 2011. (Prakash Chandra Jaiswal, J) Trivedi/Uday U T