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Patna High CourtCR. MISC./70712/2022allowed

Shiv Nandan Mahto @ Nuja Mahto v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70712 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Shiv Nandan Mahto @ Nuja Mahto Son Of Late Ramfal Mahto Resident Of Village - Akraha Ward No.- 3, P.S.- Ashok Paper Mill, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== 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 10 litres of country made liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery and nothing has been recovered from

Patna High Court CR. MISC. No.70712 of 2022(2) dt.06-01-2023 2/2 the possession of the petitioner. He is languishing in judicial custody since 20.09.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that meagre quantity of liquor has been recovered, 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 Judge I, (Excise Act), Darbhanga in connection with A.P.M. P.S. Case No. 172 OF 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T