Jawahar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59102 of 2017 Arising Out of PS.Case No. -328 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Jawahar Prasad S/o Bhola Singh, R/o Village- Parariya, P.S.- Amjhor, District- Rohtas, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rohtas (Amjhor) P.S.Case No. 328 of 2017 instituted for the offence punishable under Sections 30 (a), 34 and 37 (a) of the Bihar Excise Prohibition Amendment Act, 2016. The allegation is regarding recovery of 10 liters of illicit Mahua liquor near Pararia Middle School from one bag of the petitioner.

Learned counsel for the petitioner submits that in fact no recovery has been affected from the conscious possession of the petitioner. It is stated that the petitioner has clean antecedent and he is languishing in custody since 07.11.2017.

Patna High Court Cr.Misc. No.59102 of 2017 (2) dt.22-12-2017 2/2 Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Rohtas at Sasaram in connection with Rohtas P.S.Case No. 328 of 2017.

(Mohit Kumar Shah, J) Sudha/- U T