Mayanand Tatma @ Butan Tatma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10109 of 2019 Arising Out of P.S. Case No.-1022 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MAYANAND TATMA @ BUTAN TATMA S/o Sandev Tatma, aged about-32 years, Male, Residents of Village- Amhara, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 01.01.2019 in connection with Special Case No.02 of 2019 arising out of Forbesganj P.S.Case No.1022 of 2018 for the offence alleged under Sections 30(a) of the Bihar Excise and Prohibition Act, 2016.
The prosecution case as lodged by the police personnel is that the house of the petitioner was raided and outside the house in the toilet, 15 liters of Mahua wine was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He further
Patna High Court Cr.Misc. No.10109 of 2019(2) dt.20-02-2019 2/2 submits that nothing has been recovered from his conscious possession and he has sufficiently been punished and languishing in judicial custody since nearly two months. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.02 of 2019 arising out of Forbesganj P.S.Case No.1022 of 2018 to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria.
(Nilu Agrawal, J) B.Kr./- U T