Patna High CourtCR. MISC./35565/2018bail granted

Santosh Mahton v. The State Of Bihar

2018-06-28Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35565 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Santosh Mahton son of Natho Mahto resident of Village Fulwaria, Chaoudhary Tola, Ward No. 7, P.s. Fulwaria, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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 25(1-B) a, 26/35 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. One loaded country made pistol, an empty cartridge and 750 ml whisky is said to have been recovered from the possession of the petitioner and petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.35565 of 2018 (02) dt.28-06-2018 - 2 - possession. He has been languishing in custody since 23.06.2017. 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 Additional Sessions Judge-II-cum-Special Judge Excise, Excise Court, Begusarai in connection with Fulwaria P.S. Case No.80 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T