Ashok Kumar @ Ashok Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61129 of 2018 Arising Out of PS. Case No.-399 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Ashok Kumar @ Ashok Kumar Sahani Son of Baidhnath Sahani Resident of Village- Kawalpur, P.S. Turkaulia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Exices Case No. 399 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Allegation against petitioner is recovery of 17 liters of country made liquor, spirit, pouch and manufacturing machine from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to highhandedness of police. Nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.61129 of 2018(2) dt.05-10-2018 2/2 petitioner. The alleged recovery was made on the road side opposite of his house. He has no criminal antecedent and he is in custody since 25.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise at Motihari in connection with Excise Case No. 399 of 2018.

(S. Kumar, J) Rajiv/ManojU T