Patna High CourtCR. MISC./8698/2019bail granted

Basudeva Mahto v. The State Of Bihar

2019-02-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8698 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== BASUDEVA MAHTO, Son of Late Banu Mahto, Resident of Village - Bakulahiya, P.S.- Manpur, Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 26.10.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise, Act, 2016. It is alleged that from the motorcycle of the petitioner, 47 litres of illicit country made liquor were recovered. It is submitted by learned counsel for the petitioner that the presence of the petitioner on the place of seizure is doubtful since the seizure list does not bear the signature of the petitioner. It is further submitted that the investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.8698 of 2019(2) dt.14-02-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, the period under custody and investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 Special Judge, Excise, Bettiah, West Champaran in connection with Bhangaha P.S. Case No.73 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T