Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33564 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== Suresh Mahto S/o Satan Mahto R/o village- Puraina, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Dumariyaghat P.S. Case No. 18 of 2019 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

30 lts. of country made liquor is said to have been recovered from the gunny bag kept on the motorcycle standing on the door of the petitioner and one co-accused Pramod Rai was apprehended while three accused persons managed to escape. Apprehended accused disclosed the name of the petitioner as one of his fleeing accomplices in the occurrence.

Patna High Court CR. MISC. No.33564 of 2019(3) dt.08-08-2019 2/3 Informant also recovered 44.7 lts. country made liquor from the heap of straw located beside the house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with the motorcycle in question or with any trade of liquor. He has been falsely implicated in this case by the apprehended co-accused Pramod Rai due to animosity. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the aforesaid disclosure made by the said apprehended co-accused, hence, no offence under Excise Act is made out against the petitioner. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge cum

Patna High Court CR. MISC. No.33564 of 2019(3) dt.08-08-2019 3/3 Special Judge, Excise, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 18 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T