Patna High CourtCR. MISC./35938/2018bail granted

Chokat Mahto v. The State Of Bihar

2018-06-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35938 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chokat Mahto S/o Late Tunna Mahto, resident of Village- Kalibagh, P.S. Kalibagh O.P. District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anzarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 35, 38 and 56 of the Bihar Prohibition and Excise Act, 2016.

837 litres of foreign liquor is said to have been recovered from the house of Shambhu Gupta and Renu Kumari and Arjun Das were apprehended from the said house who disclosed the name of the petitioner and other accused persons as purchasers of the said liquor.

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

Patna High Court Cr.Misc. No.35938 of 2018 (2) dt.29-06-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or with any trade of liquor. He has been falsely implicated in the case by the apprehended accused persons due to animosity. He was not apprehended on the spot. Barring the aforesaid disclosure made by apprehended accused persons, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 22.03.2018.

Considering the facts aforesaid, 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 Special Judge, Excise, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 206 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T