Patna High CourtCR. MISC./19897/2018bail granted

Binod Mahto And ANR v. The State Of Bihar

2018-04-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19897 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Binod Mahto, S/o Late Mahanth Mahto

2. Rambabu Mahto, S/o Sahanth Mahto, Both are resident of Lachnauta, P.S.- Palanwa, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Smt Renu Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Kangali P.S. Case No. 71 of 2017 registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor and 16 litres of Nepali wine are said to have been recovered from the possession of the petitioners and the petitioners were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have been falsely implicated in the case at the instance of their enemies by

Patna High Court Cr.Misc. No.19897 of 2018 (2) dt.11-04-2018 2/2 planting aforesaid recovery from their possession. They have no concern with the aforesaid liquor. They have no criminal antecedent and have been languishing in custody since 31.12.2017.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Kangali P.S. Case No. 71 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T