Vijay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58609 of 2021 Arising Out of PS. Case No.-378 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== VIJAY KUMAR MAHTO S/o- LATE SHYAM MAHTO Resident of VillageSaharghat Ram Nagar, Ward No.05, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-05-2022 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with C2 Case No. 378 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The petitioner is said to be prosecuted in this case on account of recovery of 180 litres of liquor from two vehicles. The FIR also does not disclose as to the details of the presumption of the petitioner being in possession of the seized liquor.

It is the contention of the petitioner that he has been arrested in this case on mistaken identity of being the owner of one of the motorcycles and the seized liquor.

Patna High Court CR. MISC. No.58609 of 2021(2) dt.23-05-2022 2/2 The petitioner is in custody since 07.08.2021 and does not have criminal antecedents.

For the aforesaid reasons, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ II cum Special Judge (Excise Act), Sitamarhi in connection with C2 Case No. 378 of 2021.

(Ashutosh Kumar, J) krishna/- U T