Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67055 of 2021 Arising Out of PS. Case No.-101 Year-2018 Thana- BHELDI District- Saran ====================================================== MANTU SAH Son of Rajeshwar Prasad Sah @ Godhan Sah R/o village - Kishunpur, P.S.- Bheldi, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 188, 272 and 273 of the Indian Penal Code and sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 50 litres of liquor was recovered from the bamboo orchard.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. He has no concern either with the seized liquor or with the bamboo orchard from which it was allegedly seized. He is in custody since 28.9.2021 and charge sheet has been submitted in the case.

The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.67055 of 2021(2) dt.26-04-2022 2/2 for the State who submits that the petitioner is accused in as many as 13 cases under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession and the petitioner having remained in custody for more than 6 months, the Court directs the petitioner to be enlarged on bail in connection with Bheldi P.S. case no. 101 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U