Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69054 of 2019 Arising Out of PS. Case No.-371 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== MOHAN KUMAR S/o Om Mahto Resident of Village Brindawan P.S. Ariari, O.P. Kasar, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagannath Prasad For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 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.

630 litres of foreign liquor is said to have been recovered from the pick up van while nine persons started escaping from the place of occurrence. Out of them six including the petitioner were apprehended while three managed to escape. 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 vehicle in

Patna High Court CR. MISC. No.69054 of 2019(2) dt.04-12-2019 2/2 question or any trade of liquor. He has been falsely implicated in the case merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent and has been languishing in custody since 21.08.2019. Co-accused, namely, Ram Lal Kumar, Suraj Paswan and Jitendra Paswan have been enlarged on bail by different co-ordinate Benches of this court.

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 2nd Addl. District and Sessions Judge, Sheikhpura in connection with Excise Case No. 273 of 2019, Sheikhpura P.S. Case No. 371 of 2019. (Prakash Chandra Jaiswal, J) mantreshwar/- U T