Babu Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76013 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- MANPUR District- West Champaran ====================================================== Babu Lal Mahto son of Late Sukhdev Mahto, Resident of Village- Chakarsan, P.S. Manpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in Manpur PS Case No. 54 of 2018 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted by the petitioner's Counsel that on the basis of suspicion he has been implicated in this case. Prior to the instant case he has clear antecedent. Seizure list does not disclose exact quantity recovered from the petitioner's possession. General allegation has been made that 80 litres of country made wine was being carried by three persons including the petitioner. The petitioner is in custody since 1.9.2018 and the recovery is not in accordance with the procedure contemplated under Section 100 Cr.P.C.

Patna High Court Cr.Misc. No.76013 of 2018(2) dt.17-12-2018 2/2 Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in Manpur PS Case No. 54 of 2018.

(Madhuresh Prasad, J) SNkumar/- U T