← Library
Patna High CourtCR. MISC./81811/2023allowed

Ashok Mushar @ Ashok Musahar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81811 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Ashok Mushar @ Ashok Musahar Son Of Late Desai Musahar R/O VillageKarakat, P.S.- Karakat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 35.8 litres of illicit country made liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.81811 of 2023(2) dt.20-12-2023 2/2 petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 04.08.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Karakat P.S. Case No. 147 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T