Banti Lal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50529 of 2018 Arising Out of PS.Case No. -152 Year- 2018 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Banti Lal Mahto, S/o. Anat Mahto, R/o. Village- Gokula, P.S.- Baruraj, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
84.375 litres of foreign liquor is said to have been recovered from the hut located in the field of the petitioner. 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 liquor or with the hut in question. The said hut is lying open in abandoned condition in the field and easily accessible to anyone. He had no knowledge of keeping of the
Patna High Court Cr.Misc. No.50529 of 2018 (2) dt.16-08-2018 2/2 liquor in the said hut. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 16.07.2018.
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, Muzaffarpur in connection with Baruraj P.S. Case No. 152 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T