Mantu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17596 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- DAGARUA District- Purnia ====================================================== MANTU MAHTO, S/o Rudal Mahto, R/o Mohammadpur Gokhul, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 257.025 litres of liquor was recovered from the pickup van being driven by the petitioner and the petitioner was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. Being a temporarily engaged driver he was not aware of the goods loaded on the pickup van. He is in custody since 19.11.2020 and has no criminal antecedent.

Patna High Court CR. MISC. No.17596 of 2021(2) dt.31-08-2021 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Special Excise Case no. 490 of 2020 (arising out of Dagarua P.S. Case no. 196 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 Special Judge, Excise, Purnea.

(Partha Sarthy, J) Spd/- U T