Mahadev Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7612 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- SAHODARA District- West Champaran ====================================================== Mahadev Nath S/O Feku Nath Resident Of Village- Kairi, P.S.- Sahodara, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

It is a case of recovery of total 30 liters country made liquor which was recovered from the bank of Pandiya river. After that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no

Patna High Court CR. MISC. No.7612 of 2023(2) dt.11-04-2023 2/2 concern with the alleged recovery or from the place of occurrence or from the other co-accused persons. Not a single witness supported the prosecution story. It is further submitted that seizure list has not been prepared as per Section 100 of the Cr.P.C. Petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 12.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahodara P.S. Case No. 137 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Manish/- U T