Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2557 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -CHANDI District- BHOJPUR ======================================================

1. Santosh Mahto S/o Late Munarik Mahto, R/o Village- Khangaon, P.S.- Chandi, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandi P.S. Case No.126 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 50 liters of wine is said to have been recovered near the Anganbari Kendra, Khangaon and the petitioner was apprehended there.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He has no concern with the place of occurrence or with the seized wine. He has no criminal antecedent.

- 2 - Patna High Court Cr.Misc. No.2557 of 2018 (02) dt.23-01-2018 The petitioner has been languishing in custody since 22.11.2017. . In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-IV-cum-Special Judge Excise, Bhojpur, Ara in connection with Chandi P.S. Case No.126 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T