Bhola Kahar @ Mochhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40576 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -AIRPORT District- PATNA ====================================================== Bhola Kahar @ Mochhu, Son of Nandu Prasad, Resident of N.T.P.C., P.S.- Rajiv Nagar, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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 Sections 30(a) and 37(C) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor is said to have been recovered from the drain located in front of the house of Most. Mahuabag Wali which is said to have been brought there by the petitioner and co-accused Gautam Yadav.

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 either with the seized liquor or with the place of recovery or with

Patna High Court Cr.Misc. No.40576 of 2018 (3) dt.16-07-2018 2/2 any trade of liquor. Place of recovery is open place. He has been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 03.04.2018. 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 Special Judge, Excise, Patna in connection with Special Case No. 2452 of 2018 (Hawai Adda P.S. Case No. 58 of 2018).

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