Patna High CourtCR. MISC./50692/2023allowed

Arjun Mahto v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50692 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Arjun Mahto S/o Jagadish Mahto R/V-Palu, P.S.-Ramgarh, District-Ramgarh (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Mukesh Kumar 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.

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

Prosecution case relates to recovery total 1197.750 liters liquor from a Truck bearing Registration No. C.G.O. 04JB 4209 and the said Truck belongs to the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He is the owner of the seized Truck and being the owner he has falsely been implicated in this case by the police. He has no concern with the alleged recovery of liquor. Neither the petitioner was arrested on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.50692 of 2023(2) dt.11-08-2023 2/2 recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 27.05.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Special Judge (Excise)-II, Samastipur in connection with Tajpur P.S. Case No. 336 of 2021.

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