Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47576 of 2018 Arising Out of PS.Case No. -199 Year- 2018 Thana -CHIRAIYA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Suresh Mahto, S/o Jagarnath Mahto, Resident of Village- Gokhula, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

20 litres of toddy is said to have been recovered from near the brick kiln of Suresh Sah allegedly kept there by the petitioner for selling and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized toddy or with the place of recovery. Place of

Patna High Court Cr.Misc. No.47576 of 2018 (2) dt.03-08-2018 2/2 recovery is open place and is easily accessible to anyone. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 06.06.2018. Considering the facts aforesaid, 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, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 199 of 2018.

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