Vipin Mahto @ Jhingwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8157 of 2022 Arising Out of PS. Case No.-154 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== 1.

VIPIN MAHTO @ JHINGWA S/o Late Briksh Mahto Nayak @ Briksh Nayak R/o Village - Bariyarpur, P.S.- Kanhauli, District - Sitamarhi. 2.

MITHILESH MAHTO S/o Bindeshwar Mahto @ Vindeshwar Mahto R/o Village - Basahiya, P.S.- Kanhauli, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 90 litres of country liquor was recovered from the possession of the petitioners who were on a motorcycle. The petitioners were taken into custody. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. The petitioners have no criminal antecedent under the Bihar Prohibition and Excise Act, 2016 and they are in custody since

Patna High Court CR. MISC. No.8157 of 2022(2) dt.18-04-2022 2/2 3.12.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioners not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016 and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Kanhauli P.S. Case no.154 of 2021 on each of them 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 Judge II-cum-Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T