Wakil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10380 of 2023 Arising Out of PS. Case No.-640 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== WAKIL MAHTO SON OF FAKIRA MAHTO R/O VILLAGE- HASANPUR, P.S.- KABAIYA, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 37(1) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, petitioner was apprehended by the police in intoxicated condition which was confirmed by breath analyzer test.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. Due to high handedness of police, he has been dragged in the present case. No any incriminating article has

Patna High Court CR. MISC. No.10380 of 2023(2) dt.18-04-2023 2/2 been recovered from his conscious possession. He is languishing in judicial custody since 17.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J. V-cum-Exclusive Spl. Court-2 Excise Act, Lakhisarai in connection with Excise P.S. Case No. 640C2 of 2022. (Sunil Kumar Panwar, J) manishkumar/- U