Vishnu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14195 of 2021 Arising Out of PS. Case No.-409 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== VISHNU MAHTO Son of Late Ramdev Mahto Resident of Village- Sursand, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bajpatti P.S. Case no. 409 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on seeing the police personnel two accused persons made an attempt to escape, however the petitioner was caught. On search a total of 126 litres of Nepali wine was recovered from the car. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person

Patna High Court CR. MISC. No.14195 of 2021(2) dt.22-07-2021 2/2 or possession. He has no concern with the vehicle in question nor with the allegedly seized liquor. He has no criminal antecedent and in custody since 13.11.2020. Investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 8 months and not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bajpatti P.S. Case no. 409 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cumSpecial Judge, Excise Act, Sitamarhi. (Partha Sarthy, J) Prakash/- U