Patna High CourtCR. MISC./50687/2023allowed

Ravi Mahto @ Ravi Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50687 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Ravi Mahto @ Ravi Kumar Son Of Vilas Chi @ Vilash Mahto R/O Rai Hasanpur, Chi Tola, P.S.- Kadam Kuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== 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 of 50 liter illicit liquor from local market and three accused persons managed to escape including the petitioner on seeing the police personnel. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery of wine or with the place of occurrence. The name of the petitioner has been disclosed in this case by the villagers before the police which has got no evidentiary value in the eye of law. Neither the

Patna High Court CR. MISC. No.50687 of 2023(2) dt.11-08-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 12.05.2023. 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, Patna in connection with Kadam Kuan P.S. Case No. 150 of 2023.

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