Gajendra Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9754 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================
1. Gajendra Mahto, Son of Late Lochan Mahto, Resident of VillageGamhariya, P.S.- Patahi, District- East Champaran.
2. Ramjee Mahto, Son of Deep Lal Mahto, Resident of Village- Kopariya Bazar, P.S.- Pahati, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in official complaint case as C-2/11 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
33.900 liters of Nepali saufi wine is said to have been recovered from the motorcycle of the petitioners, who were riding on the same and they 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
Patna High Court Cr.Misc. No.9754 of 2018 (02) dt.19-02-2018 2/ 2 falsely implicated in this case due to dirty village politics by planting the aforesaid recovery from their motorcycle. They have no concern with the seized liquor. They have no criminal antecedent. They have been languishing in custody since 05.01.2018.
In the facts and circumstances of the case, 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 I/C Additional Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with official complaint case as C-2/11 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T