Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14488 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Vijay Mahto S/O Bhikhari Mahto R/V- Dhovopur Vamsar @ Hathauri Ward No.- 17, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 8 litres of Toddy (Tari) from the possession of petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. There

Patna High Court CR. MISC. No.14488 of 2023(2) dt.09-05-2023 2/2 is no independent witness of the alleged seizure. Moreover, the is languishing in judicial custody since 24.01.2023.

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 Special Judge, Excise II, Samastipur in connection with Excise P.S. Case No. 63 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T