Ram Bahadur Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10437 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== RAM BAHADUR MAHTO Son of Late Dhanpat Mahto Resident of VillageMokhtiyarpur, P.S.- Dalsing Sarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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 the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of total 586.62 foreign liquor which was recovered from a toilet behind the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit
Patna High Court CR. MISC. No.10437 of 2023(2) dt.04-05-2023 2/2 liquor or with the place of occurrence because he lives in a joint house. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 12.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Dalsing Sarai P.S. Case No. 453 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 Special Excise Court-1, Samastipur. (Sunil Kumar Panwar, J) manish/- U T