Punyadeo Mahto @ Pundev Dhagad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34650 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== PUNYADEO MAHTO @ PUNDEV DHAGAD S/O Sukhdeo Mahto Resident of Village- Pakdi, Dhangar Toli, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.03.2019 in a case registered for the offences punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the possession of the petitioner, 50 litres of country made liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from a public place, hence, it cannot be treated from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that apart from the present case, the petitioner is

Patna High Court CR. MISC. No.34650 of 2019(2) dt.28-05-2019 2/2 accused in one other case of similar nature.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the nature of recovery from a public place, 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 Special Judge, Excise Act, West Champaran, Bettiah in connection with Majhauliya P.S. Case No.95 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T