Guddu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66170 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Guddu Mahto Son Of Sharwan @ Agnu Mahto @ Khakhnu Mahto Resident Of Village Balughat Ps Lnmu (Lalit Narayan University), Dist Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra For the Opposite Party/s :
Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 609.90 litres from a place near the pond.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Petitioner was neither arrested on spot nor anything recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail
Patna High Court CR. MISC. No.66170 of 2023(2) dt.17-10-2023 2/2 by another coordinate Bench of this Court vide order dated 17.5.2023 passed in Cr. Misc. No. 28327 of 2023. He is languishing in judicial custody since 6.6.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with L.N.M.U. P.S. Case No. 153 of 2022. (Sunil Kumar Panwar, J) sushma/- U