Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50078 of 2018 Arising Out of PS.Case No. -302 Year- 2018 Thana -BAHADURPUR District- DARBHANGA ====================================================== Santosh Mahto, S/o. Late Sone Lal Mahto, Resident of Mohalla- Gandhi Nagar, P.S.- Sadar, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. S.M. Rahman ====================================================== 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 30 (a), 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

453.75 liters of foreign liquor is said to have been recovered from the house of Shankar Yadav and petitioner is said to be liquor trader as per the account of local. Petitioner happens to be regular visitor of the said house and had left the said house some times preceding the raid.

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 the place of recovery or any trade

Patna High Court Cr.Misc. No.50078 of 2018 (2) dt.14-08-2018 2/2 of liquor. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of the sources of information has not been mentioned in the self statement of the informant. He was not apprehended on the spot. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 09.07.2018.

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 Sessions Judge IVth -cum-Special Judge, Darbhanga in connection with G.O. Case No. 607 of 2018 arising out of Bahadurpur P.S. Case No. 302 of 2018.

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