Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69110 of 2022 Arising Out of PS. Case No.-219 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== Mahesh Mahto Son Of Nathuni Mahto R/O Village- Bela, P.S.- Lakhnaur, District- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70037 of 2022 Arising Out of PS. Case No.-219 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== Md. Izhar Son Of Gulam Rasul Resident Of Village - Bochahi, P.S.- Madhepur, District - Madhubani.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69110 of 2022) For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Tapeshwar Sharma (In CRIMINAL MISCELLANEOUS No. 70037 of 2022) For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and

Patna High Court CR. MISC. No.69110 of 2022(2) dt.06-01-2023 2/3 Sections 30(a), 47 of the Bihar Prohibition & Excise Act. There is recovery of 160 litres of illicit liquor from two motorcycles and three persons including the petitioners were apprehended from the spot.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the recovery of seized illicit liquor. The petitioners are languishing in custody since 17.10.2022. A statement has been made in para 3 of the petition that petitioners are accused in one other case apart from the present one.

In the facts and circumstance of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act,

Patna High Court CR. MISC. No.69110 of 2022(2) dt.06-01-2023 3/3 Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 219 of 2022.

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