Patna High CourtCR. MISC./4486/2019bail granted

Domar Mahto v. The State Of Bihar

2019-01-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4486 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- DAGARUA District- Purnia ====================================================== Domar Mahto, aged about 45 years Male son of Late Vikash Mahto, Resident of village Nunia Tola, P.S.-Dagarua, Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

75 litres of country made liquor is said to have been recovered from the paddy field of the petitioner, said to have been kept there by the petitioner and other named accused persons.

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

Patna High Court Cr.Misc. No.4486 of 2019(2) dt.30-01-2019 2/2 concern with the seized liquor. He has been falsely implicated in the case due to dirty village politics. Place of recovery is open place and easily accissible to anyone. Petitioner has no criminal antecedent. He has been languishing in custody since 18.12.2018.

Considering the facts aforesaid, 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 2nd Additional Sessions Judge cum Special Judge, Excise, Purnea in connection with Dagarua P.S. Case No. 229 of 2018.

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