Patna High CourtCR. MISC./19454/2018bail granted

Heera Mahto @ Rahul Kumar v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19454 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Heera Mahto @ Rahul Kumar S/o Sri Anil Kumar @ Anil Mahto, R/o Village- Haripur Ward No. 10, P.S.- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdhar Prasad For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) (d), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

274.12 liters of foreign liquor is said to have been recovered from the Panchgama Chour and several accused persons including the Mukesh Kumar Singh were apprehended. The said Mukesh Kumar Singh disclosed the name of the petitioner and other accused persons who were unloading the aforesaid liquor on the said place.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.19454 of 2018 (02) dt.26-04-2018 2/ 2 conscious physical possession of the petitioner. He has been falsely implicated in this case by the Mukesh Kumar Singh due to animosity. He has no concern either with the seized liquor or the place of recovery. He was not apprehended on the spot. The said Mukesh Kumar Singh @ Mukesh Singh has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.19394 of 2018 vide order dated 24.04.2018. The petitioner has no criminal antecedent and has been languishing in custody since 19.02.2018. 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 3rdAdditional Sessions Judge-cum-Special Judge Excise, Samastipur in connection with Rosera P.S. Case No.55 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T