Manu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50159 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Manu Mahto, Son of Meghnath Mahto, Resident of Village- Ratan Padauli, P.S.- Bhagwanpur Hat, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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 Sections 272, 273,308 and 420 of the Indian Penal Code and Sections 30 (a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

27.280 liters of country made and foreign liquor are said to have been recovered from the hut of the petitioner and petitioner was apprehended and another accused person managed to escape. 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 either with the seized liquor or any trade of liquor. He has been falsely

Patna High Court Cr.Misc. No.50159 of 2018 (2) dt.14-08-2018 2/2 implicated in this case at the instance of his enemy. The hut of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the hut. He has no criminal antecedent and has been languishing in custody since 27.05.2018.

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 Additional District and Sessions Judge-II -cum-Special Judge Excise Act, Siwan in connection with Bhagwanpur Hat P.S. Case No. 112 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T