Mohan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51901 of 2018 Arising Out of PS.Case No. -193 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Mohan Mukhiya, Son of Late Shivdhan Mukhiya, Resident of VillageGodah, Police Station- Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 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 38(1) of the Bihar Prohibition and Excise Act, 2016.

20 litres of country made liquor is said to have been recovered from the straw house of the petitioner and petitioner was apprehended.

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 connection with the seized liquor. The straw house of the

Patna High Court Cr.Misc. No.51901 of 2018 (2) dt.24-08-2018 2/2 petitioner is open and easily accessible to anyone. He had no knowledge of keeping of said liquor there by someone. He has no criminal antecedent. He has been languishing in custody since 30.06.2018.

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 6th Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Excise P.S. Case No. 193 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T