Lal Bir Mahto @ Lalbir Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8041 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== LAL BIR MAHTO @ LALBIR MAHTO, Male, aged about 21 years, Son of Chandeshwar Mahto, Resident of Village - Adharpur, P.S.-Muffasil, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 30.11.2018 in connection with Excise Case No. 343 of 2018 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
The prosecution case, as lodged by the excise officials, is that during course of checking the petitioner was apprehended with a plastic container carrying 12 litres of toddy. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. It is further submitted that the petitioner undertakes not to induce the
Patna High Court Cr.Misc. No.8041 of 2019(2) dt.13-02-2019 2/2 witnesses or tamper with the evidence.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. Sessions Judge-III cum Special Judge, Excise, Samastipur, in connection with Excise Case No. 343 of 2018. (Nilu Agrawal, J) Rajesh/- U T