Ram Lalit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35887 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- BANGARA District- Samastipur ====================================================== RAM LALIT MAHTO, aged about 60 years (Male), S/o Late Makhan Mahto, R/o village- Muradpur, P.S.- N.H. Bangara, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Kumar Singh, Advocate.

For the Opposite Party :

Mr.Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.04.2019 in a case for the offence registered under Sections 272, 273 of the IPC, 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 3474 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total

Patna High Court CR. MISC. No.35887 of 2019(3) dt.18-06-2019 2/2 3474 liters wine is recovered from joint house of the petitioner. The name of the petitioner has come in the present case on the basis of alleged recovery made from joint house of the petitioner where other family members also reside. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Samastipur, in connection with N.H. Bangara P.S. Case No. 25 of 2019.

(Sudhir Singh, J) U.K./- U T