Patna High CourtCR. MISC./25888/2018bail granted

Manoj Mahto v. The State Of Bihar

2018-05-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25888 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Manoj Mahto, Son of Radhe Mahto, Resident of Village- Garhbanaili Subhash Chawk, P.S.- Kasba, District- Purnia. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nawal Kishor Prasad, Advocate. For the State : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.03.2018 in a case for the offence registered under Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 348.150 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 348.150 liters wine is recovered from the Pick-up Van in question. The petitioner is alleged to be the

Patna High Court Cr.Misc. No.25888 of 2018 (2) dt.03-05-2018 2/2 driver of the said Pick-up Van. He had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 24504 of 2018 dated 30.04.2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga, in connection with G.O. Case No. 244 of 2018, arising out of Laheriasarai P.S. Case No. 113 of 2018.

U.K./- (Sudhir Singh, J) U T