Patna High CourtCR. MISC./70184/2022allowed

Ghanshyam Mahto @ Ghanshyam Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70184 of 2022 Arising Out of PS. Case No.-103 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== GHANSHYAM MAHTO @ GHANSHYAM KUMAR Son of Bauelal Mahto R/V- Samsa P.S- Naokothi, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 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 1263 litres IMFL from a pick-up van and several accused persons including the petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by a

Patna High Court CR. MISC. No.70184 of 2022(2) dt.06-01-2023 2/2 person, with whom petitioner was on inimical term before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.10.2022. 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 Excise Judge-1, Begusarai in connection with Naokothi P.S. Case No. 103 of 2020.

(Sunil Kumar Panwar, J) sushma/- U