Anshu Kumar Mahto @ Anshu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16143 of 2020 Arising Out of PS. Case No.-554 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Anshu Kumar Mahto @ Anshu Mahto Son of Sudan Mahto Resident of Village - Chulahichak, P.S.- Rupaspur, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-05-2020 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Mritunjay Kumar Gautam, learned counsel for the State via video conferencing.

The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Rupaspur P.S. Case No. 554 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the petitioner and one another was arrested by the police from Maruti Alto Car bearing registration no. BR1Y-2350, and on search, 160 bottles each containing 180 ml., 24 bottles each containing 375 ml. and 37 bottles each containing 180 ml. of foreign liquor were recovered.

Patna High Court CR. MISC. No.16143 of 2020(2) dt.14-05-2020 2/2 It is contended by the learned counsel for the petitioner that the petitioner is neither owner of the vehicle nor the person to whom the seized articles belong. It is further contended that the petitioner was merely a passenger and he became a victim of circumstances for the alleged recovery of 44 liters of foreign liquor. The petitioner is in custody since 31.12.2019. He has no criminal antecedent and since the investigation is completed, there is no chance of tampering with the evidence.

Learned counsel for the State has opposed the application for grant of bail.

Considering the submissions made above as also the period undergone by the petitioner in custody as an under trail prisoner, he is directed to be released on bail on furnishing bail bond of Rs.5000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Rupaspur P.S. Case No. 554 of 2019.

(Ashwani Kumar Singh, J) rohit/- U T