Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20087 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Mohan Prasad, Son of Late Sugrim Prasad, Resident of Village-Jagdishpur, Chhota Tola, P.S-Jamo, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 02.03.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 27 litres of illicit country made liquor were recovered from the bag of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from the bag of the petitioner.

Considering the nature of recovery and period under

Patna High Court CR. MISC. No.20087 of 2019(2) dt.02-04-2019 2/2 custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Gopalganj in connection with Barauli (Madhopur O.P.) P.S. Case No. 68 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T