Patna High CourtCR. MISC./63459/2023bail granted

Sunil Mahto v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63459 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== 1.

Sunil Mahto S/O Baijnath Mahto Village Dadhiya Belar Ward No 10 P S Karpurigram District Samastipur 2.

Vijendra Kumar @ Bijendra Kumar S/O Ram Lakhan Mahto Resident Of Ward No 14 Siropatti P S Khanpur District Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that 81 liters wine is recovered.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 31.07.2023 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that 81

Patna High Court CR. MISC. No.63459 of 2023(2) dt.10-10-2023 2/2 liters wine is recovered from two vehicles. The petitioner No.1 is driver and petitioner No.2 is co-driver. The petitioners had no knowledge regarding the nature of goods being kept in the vehicles. There is no chance of trial being concluded in near future. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

6. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court in connection with Rosera Excise P.S. case No.50/2023.

(Sudhir Singh, J) Narendra/- U T