Patna High CourtCR. MISC./51106/2023allowed

Vishwanath Mahato v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51106 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== VISHWANATH MAHATO S/O SURYADAYAL MAHTO R/O VILLAGEDHABKAL BIGHA (KUSHI), PS. MUFFASIL, DIST. AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 60.480 liters of illegal country-made Mahua from a Hut.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question and the place of occurrence does not belongs to the petitioner. The petitioner was going to his house by way of P.C.C. road but the police on the basis of suspicion, petitioner has been falsely implicated in this case. He

Patna High Court CR. MISC. No.51106 of 2023(2) dt.11-08-2023 2/2 is languishing in judicial custody since 02.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Muffasil P.S. Case No. 217 of 2023.

(Sunil Kumar Panwar, J) arish/- U T