Birju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51982 of 2018 Arising Out of PS.Case No. -235 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Birju Mahto, S/o. Birju Mahto, S/o. Late Darbari Mahto, R/o. VillageTelhara, P.S.- Kundwa Chainpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.

18.00 litres of Nepali saufi wine is said to have been recovered from the possession of the petitioner. 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 by the personnel of Excise department merely on suspicion while he was passing through the place of occurrence at the time of

Patna High Court Cr.Misc. No.51982 of 2018 (2) dt.24-08-2018 2/2 occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing them. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 19.05.2018.

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, Motihari in connection with Excise Case No. 235 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T