Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52828 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- MOKAMAH District- Patna ====================================================== Mohan Kumar Son of Shyamsunder Chaudhary resident of Village - Panchmahla (Ward No. 26), P.S. - Mokama, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mokama P.S. Case no. 174 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

50 lts. of toddy is said to have been recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized toddy. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the

Patna High Court Cr.Misc. No.52828 of 2018(2) dt.30-08-2018 2/2 place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing the police personnel. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 08.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Mokama P.S. Case no. 174 of 2018.

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