Patna High CourtCR. MISC./38875/2020allowed

Shambhu Mahato v. The State Of Bihar

2021-02-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38875 of 2020 Arising Out of PS. Case No.-585 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Shambhu Mahato Son of Late Bindhyachal Mahato Resident of Chanayan Bandh, P.S.- Majhouliya, Bettiah, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Majhouliya P.S. Case No. 585 of 2020 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 732.78 liters of liquor was seized.

Learned counsel submits that nothing was recovered from the possession of the petitioner.

The petitioner is in custody since 18.8.2020. Considering the submission of the petitioner that nothing was recovered from the possession of the petitioner

Patna High Court CR. MISC. No.38875 of 2020(2) dt.10-02-2021 2/2 rather from the house of co-accused Rupesh Mahto, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge,Excise, Bettiah, West Champaran, in connection with Majhouliya P.S. Case No. 585 of 2020 subject to the condition that the petitioner shall deposit Rs. 50,000/- cash in the court below and the amount of Rs.50,000/-cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T