Patna High CourtCR. MISC./72036/2023allowed

Ganesh Mahto v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72036 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Ganesh Mahto S/O Ram Balak Mahto R/O Village- Ekamma Kharhoriya, Tole, P.S. -LAUKAHA, District -MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 148.8 litres of illicit country made liquor from the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.72036 of 2023(2) dt.08-11-2023 2/2 recovery was made beneath the bridge of Kamla Balan River but merely on suspicion, the petitioner has been implicated in this case. The petitioner has no concern with the alleged illicit liquor. The petitioner is languishing in custody since 12.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 186 of 2023.

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