Surendra Prasad @ Surendra Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9736 of 2018 Arising Out of PS. Case No.-217 Year-2017 Thana- GORIAKOTHI District- Siwan ====================================================== Surendra Prasad @ Surendra Mukhia S/o Ramanand Prasad R/o Village - Katalpur, P.S. - G.B. Nagar, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Goriakothi P.S. Case no. 217 of 2017 registered under Section 30(i) 41(i) of the Bihar Excise and Prohibition Act 2016.

3978 lts. of foreign liquor is said to have been recovered from a truck and one accused persons namely, Ashok Mishra was apprehended in the course of escaping, who disclosed the name of four accused persons in the occurrence including Prakash Tiwari @ Loha Tiwari, and on apprehension, said Loha Tiwari named the petitioner in the occurrence. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious

Patna High Court Cr.Misc. No.9736 of 2018(2) dt.19-02-2018 2/2 physical possession. Petitioner was not apprehended on the spot. He has no concern either with the seized liquor or with the aforesaid truck or with the apprehended accused persons and he has also no concern with the trade of liquor. Though, four criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 18.11.2017. Said Prakash Tiwari @ Loha Tiwari has been enlarged on bail vide order dated 19.12.2017 passed in Cr. Misc. no. 58104 of 2017 by a co-ordinate Bench of this Court. 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 Addl. District and Sessions Judge-2nd, Siwan in connection with Goriakothi P.S. Case no. 217 of 2017.

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