Dipak Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14879 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- KHANPURA District- Samastipur ====================================================== Dipak Kumar Mahto Son of Upendra Mahto Resident of Village - Bujurg Door (buzurgdwar), P.S.- Khanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-03-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Khanpur PS case no. 165 of 2018 registered for the offence punishable under Sections 30(a), 41(i)(ii), 47 of Bihar Excise (Amendment) and Prohibition Act.

The allegation is regarding recovery of 109 cartons of illicit foreign liquor from a government pond. The learned counsel for the petitioner has submitted that neither any recovery has been made from the conscious possession of the petitioner nor the petitioner has been arrested from the spot and infact, he has been subsequently implicated in the present case falsely. It is further submitted that the petitioner is having clean antecedent and he is languishing in

Patna High Court CR. MISC. No.14879 of 2019(2) dt.11-03-2019 2/2 custody since 12.01.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Special Excise Court, Samastipur in connection with Khanpur PS case no. 165 of 2018. (Mohit Kumar Shah, J) rinkee/- U T