Mahendra Mahto @ Mahendra Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28819 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mahendra Mahto @ Mahendra Prasad
2. Suresh Prasad @ Suresh Mahto, Both are Sons of Chhotelal Mahto, Resident of Village- Barabat Pasrai, P.S.- Bettiah Muffasil, DistrictWest Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Uday Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Bettiah Muffasil P.S. Case No. 178 of 2017 registered under Sections 35, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
1.5 litres of foreign liquor was allegedly recovered and seized from the possession of the petitioners and 50 ML foreign liquor and several empty bottles were recovered from the rear side of the hotel of the petitioners and the petitioners managed to escape.
It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.28819 of 2017 (2) dt.03-07-2017 2/2 that the petitioners were not apprehended on the spot. Nothing incriminating article has been recovered from the conscious physical possession of the petitioners. The petitioners have been falsely implicated in this case. They have no criminal antecedent. They have been languishing in custody since 27.05.2017. 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) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 178 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T