Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63747 of 2017 Arising Out of PS.Case No. -408 Year- 2017 Thana -FATUHA District- PATNA ====================================================== Om Prakash .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 6164 of 2017 arising out of Fathuha P.S. Case No. 408 of 2017 instituted for the offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 120 liters of illicit liquor and three drums of Mahua from a field where the petitioner and other accused persons are said to have been sitting. The learned counsel for the petitioner submits that the petitioner is not the owner of the field from where the said recovery has been made and the fact is that nothing has been recovered from his conscious possession and he has a clean antecedent. It is submitted that the petitioner is in custody since

Patna High Court Cr.Misc. No.63747 of 2017 (2) dt.18-01-2018 2/2 18.09.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6164 of 2017 arising out of Fathua P.S. Case No. 408 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T