Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65669 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

UPENDRA MAHTO Son of Late Rajbali Mahto Resident of Kalyanpur Basti, P.S.- Mohiuddin Nagar, District - Samastipur 2.

Sudha Devi Wife of Upendra Mahto Resident of Kalyanpur Basti, P.S.- Mohiuddin Nagar, District - Samastipur 3.

Vinay Mahto Son of Upendra Mahto Resident of Kalyanpur Basti, P.S.- Mohiuddin Nagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-05-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Mohiuddin Nagar P.S. Case No. 143 of 2021 registered for the offence punishable under section 30(a), 34 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The alleged recovery has been made from the bush near the Vaya river as is evident from

Patna High Court CR. MISC. No.65669 of 2021(2) dt.10-05-2022 2/2 the seizure list. Petitioner has no concern with the seized illicit liquor. Petitioners have no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing of his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 143 of 2021 subject to the conditions laid down under section 438(2) Cr.P.C.

mcv/- (Arvind Srivastava, J) U T