Rama Kant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46203 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Rama Kant Mahto S/o Bishwanath Mahto, R/o Harpur Rajokhar, P.S.- Town Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 141 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

172.80 lts. of foreign liquor is said to have been recovered from Bandhar and petitioner was apprehended in the course of escaping from the said place while two other accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. The place

Patna High Court Cr.Misc. No.46203 of 2018(3) dt.31-07-2018 2/2 of recovery is open place and easily accessible to anyone. He has been falsely implicated in this case by the police merely on suspicion while he had gone to attend the call of nature there at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing police personnel. There is no compliance of Section 100 Cr.P.C. Though, two more cases under Excise Act have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 27.06.2018.

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 Addl. Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Excise Case no. 141 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T