Nand Lal Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50846 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -SONBERSA District- SAHARSA ====================================================== Nand Lal Mahton son of late Govind Mahton resident of village Bintoli, Bharti, P.S. Sonbarsa, O.P. Kashnagar, District Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abul Kalam, Advocate For the Opposite Party : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 22.07.2016 in connection with Sonebarsa Raj (Kash Nagar O.P.) P.S.Case No.59 of 2016 for offence alleged under Section 47 of the Excise Act. The prosecution case is that on secret information, the police found country made Mahua wine kept in a bhang field by the side of the road containing 15 litres of Mahua wine in two plastic bags and, accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is not named in the FIR and during course of investigation, his name surfaced. He further submits that nothing incriminating article has been found from the conscious

Patna High Court Cr.Misc. No.50846 of 2016 (2) dt.25-11-2016 2/2 possession of the petitioner and it is only on the basis of suspicion that the petitioner has been falsely implicated. However, learned APP for the State opposes the prayer for bail.

Be that as it may, since nothing incriminating article has been found from the conscious possession of the petitioner and also considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Sonebarsa Raj (Kash Nagar O.P.) P.S.Case No.59 of 2016.

(Nilu Agrawal, J) B.Kr./- U T