Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25346 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -MUSRIGHARARI District- SAMASTIPUR ====================================================== Upendra Mahto S/o Mahendra Mahto, R/o Vill.- Udapatty, P.S.- Musarigharari, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

750 ML of foreign liquor and 20 litres of toddy are said to have been recovered from the courtyard of the house of the petitioner and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized articles. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.25346 of 2018 (2) dt.02-05-2018 2/2 due to dirty village politics. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said articles in his courtyard. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 15.02.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Session Judge cum Special Judge, Excise Act, Samastipur in connection with Musarigharari P.S. Case No. 20 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T