Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35569 of 2018 Arising Out of PS.Case No. -153 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Umesh Mahto S/o Jokhu Mahto Resident of Village - Salimpur, P.S. Semraungarh, District - Bara (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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 Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 81 liters of Nepali liquor is said to have been recovered from a bag kept on the motorcycle of the petitioner and the 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 concern either with the seized liquor or the motorcycle in question. He has been

Patna High Court Cr.Misc. No.35569 of 2018 (02) dt.28-06-2018 - 2 - falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 28.04.2018 In the facts and circumstances of the case, 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 Special Judge Excise, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 153 of 2018.

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