Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11980 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Sunil Mahto, Son of Late Bhola Mahto, Resident of Village - Bagdar, P.S.- Azamnagar, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 31.12.2018 in a case registered for the offences punishable under Section 30(a) read with Section 13 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the FIR, is to the effect that from the possession of the petitioner, 21.780 litres of India made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has only been framed in the present case. 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.11980 of 2019(2) dt.27-02-2019 2/2 Learned APP submits that recovery has been made from the possession of the petitioner.

Considering the quantity of recovery and period under custody, coupled with the 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ADJII-cum-Special Judge, Katihar in connection with C.I. Case No. 662 of 2018.

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