Parmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11332 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Parmendra Mahto S/O Late Vakil Mahato R/V- Garabhuwa Lala Tola, P.S.- Chanpatia, Sirisiya O.P., District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case relates to recovery of total 5 liter country made liquor which was recovered from bank of a river.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of village enmity. Petitioner has no concern with the alleged recovery nor from the place of occurrence rather it is an

Patna High Court CR. MISC. No.11332 of 2023(2) dt.21-04-2023 2/2 open area. Nothing has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 11.11.2022. 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 Chanpatiya (Sirsiya O.P.) P.S. Case No. 146 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 Champran.

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