Vimlesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59822 of 2022 Arising Out of PS. Case No.-103 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Vimlesh Mahto Son of Raghunandan Mahto R/O Village- Kraitand, P.S.- Naokothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Naokothi P.S. Case No. 103 of 2020 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 19.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1263.090 litres of IMFL/country made liquor from

Patna High Court CR. MISC. No.59822 of 2022(2) dt.02-12-2022 2/3 the alleged pick up van.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from pick up van with which petitioner was not connected in any manner. It is submitted that the name of petitioner surfaced on the basis of secret information, where nothing surfaced during the course of investigation to connect him with alleged recovery of illicit liquor. It is also submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Naokothi P.S. Case No. 103 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59822 of 2022(2) dt.02-12-2022 3/3 satisfaction of learned Exclusive Special Excise Judge-1, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T