Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52746 of 2019 Arising Out of PS. Case No.-185 Year-2018 Thana- BAHERI District- Darbhanga ====================================================== Shambhu Mahto Son of Kanhai Mahto Resident of Village - West Baheri, P.S. and P.O.- Baheri, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Prakash For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Baheri P.S. Case No. 185 of 2018 for the offences punishable under Section 30(a), of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 196 liters of illicit liquor from the straw house of a co-accused person and upon interrogation, the said accused person is said to have disclosed that the petitioner was also indulging in illegal business of liquor.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, no recovery has been made either from his possession or from his house, he has been falsely implicated on the basis of the confessional statement made by the co- accused person and he is languishing

Patna High Court CR. MISC. No.52746 of 2019(3) dt.16-11-2019 2/2 in custody since 29.05.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Darbhanga in connection with Baheri P.S. Case No. 185 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T