Pintu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.967 of 2022 Arising Out of PS. Case No.-733 Year-2021 Thana- GARKHA District- Saran ====================================================== PINTU MAHTO Son of Amar Mahto Resident of Village- Phulwariya, P.S.- Garkha, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted, a total quantity of 265.42 litres of country liquor was recovered from an open field and the accused Munna Kumar was arrested. He disclosed the liquor belonged to the petitioner and others.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern either with the seized liquor nor with the land

Patna High Court CR. MISC. No.967 of 2022(2) dt.11-01-2022 2/2 from which it was recovered. He has been falsely implicated in the case because of his antecedent. He is in custody since 25.10.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Garkha P.S. Case no.733 of 2021 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 Special Judge, Excise, Saran at Chapra.

(Partha Sarthy, J) Saurabh/- U T