Ram Prasad Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43275 of 2018 ====================================================== Ram Prasad Mukhiya, S/o. Lakshmi Mukhiya, Resident of Village- Goshala Chowk Ghegha Total, Ward No.2, Murliganj, P.S.- Murliganj, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

2.160 litres of foreign liquor is said to have been recovered from the possession of the petitioner. 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. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. he is aged about 65 years. He has no criminal antecedent. He has been

Patna High Court Cr.Misc. No.43275 of 2018 (2) dt.18-07-2018 2/2 languishing in custody since 29.05.2018.

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 Additional Sessions Judge-II cum Special Judge, Excise Act, Madhepura in connection with Murliganj P.S. Case No. 183 of 2018, Excise Case No. 153/18.

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