Indal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38797 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== Indal Mahto, son of Yogendra Mahto, resident of Village- Riga, Ramnagar Tola, P.S.- Riga District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Riga P.S. Case No. 110 of 2020 registered for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

In the instant case, 135 litres of liquor has been seized.

Learned counsel appearing on behalf of the petitioner would submits that nothing was recovered

Patna High Court CR. MISC. No.38797 of 2020(2) dt.09-02-2021 2/3 from the exclusive possession of the petitioner. The name of the petitioner surfaced on the confessional statement of co-accused Manoj Kumar.

The petitioner is in custody since 23.06.2020. Considering the fact that petitioner's name surfaced in the confessional statement of a co-accused and the period under custody, this Court is inclined to grant bail to the petitioner, subject to deposit of cash of Rs. 50,000/- by the petitioner.

On deposit of cash of Rs. 50,000/- by the petitioner, the petitioner, above named, shall be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Riga P.S. Case No. 110 of 2020.

The deposit of cash of Rs. 50,000/- shall abide by the final outcome of the present pending

Patna High Court CR. MISC. No.38797 of 2020(2) dt.09-02-2021 3/3 criminal case.

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