Bablu Mahto @ Babloo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70213 of 2023 Arising Out of PS. Case No.-319 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Bablu Mahto @ Babloo Mahto S/O Ram Bachchan Mahto @ Bachchan Mahto R/O Village-Belwa Madho, P.S.-KOTWA, District-East Champaran At Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Virendra Kuar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 section 414 of Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to total recovery of 249.600 litres of IMFL from different vehicles. It is alleged that 88.200 litres of IMFL was recovered from the bolero vehicle which was drove by the petitioner. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70213 of 2023(3) dt.04-12-2023 2/3 petitioner that petitioner has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 01.06.2023.

In contra, learned A.P.P. appearing for the State vehemently opposed the prayer of bail and submitted that huge quantity of liquor has been recovered from the vehicle which was drove by the petitioner.

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 Excise Court No. 1, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.70213 of 2023(3) dt.04-12-2023 3/3 with Govindganj (Malahi) P.S. Case No. 319 of 2023. The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T