Patna High CourtCR. MISC./62889/2023allowed

Suresh Mahta @ Suresh Mahtha v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62889 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- SAKRI District- Madhubani ====================================================== SURESH MAHTA @ SURESH MAHTHA S/O LATE RAM CHANDAR MAHTHA @ LATE RAM CHANDAR MAHTO RESIDENT OF VILLAGEBHAWANIPUR, WARD NO.4, PS. SAKRI, DIST. MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 31 liters of illegal foreign liquor behind the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question and the place of

Patna High Court CR. MISC. No.62889 of 2023(2) dt.22-09-2023 2/2 occurrence does not belongs to the petitioner. On the basis of suspicion, the petitioner has implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 07.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Sakri P.S. Case No. 123 of 2023.

(Sunil Kumar Panwar, J) arish/- U T