Nandu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50154 of 2018 Arising Out of PS.Case No. -275 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Nandu Mahto, Son of Sri Shyamdev Mahto, Resident of VillagePakarideyal, P.S.- Pakarideyal, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ajit Kumar ====================================================== 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) and 30(d) of the Bihar Prohibition and Excise Act, 2016.
5 liters of country made liquor and 40 liters of jaggery, which was destroyed at the place of occurrence and brewing machine are said to have been recovered from the house 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
Patna High Court Cr.Misc. No.50154 of 2018 (2) dt.14-08-2018 2/2 seized article or any activity of brewing liquor. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said articles in the house. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 16.06.2018.
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 Special Judge Excise Act, Motihari, East Champaran in connection with Excise Case No. 275 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T