Bhushan Dev Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.2768 of 2018 (2) dt.24-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2768 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ====================================================== Bhushan Dev Mahto, Son of Late Sarug Mahto, Resident of VillageMaheshpur, P.S. Piar, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Piar P.S. Case No. 145 of 2017 registered under Sections 272, 273, 414 of the Indian Penal Code and Sections 30(A), 38, 41 of the Bihar Prohibition Act.

18 lts. of foreign liquor is said to have been recovered from the dicky of Toyta Inova and the petitioner was apprehended on the spot while four other accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either

Patna High Court Cr.Misc. No.2768 of 2018 (2) dt.24-01-2018 with the seized vehicle or with the seized liquor. He has no criminal antecedent. The petitioner has been languishing in custody since 13.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Piar P.S. Case No. 145 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T