Bigu Mahto @ Raghunath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2087 of 2019 Arising out of PS. Case No.-214 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== Bigu Mahto @ Raghunath Prasad, son of Kishori Mahto, resident of villageBhutahi, P.S. Sonbarsa, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

At the outset, the learned counsel for the petitioner seeks to make correction which has taken place in paragraph no. 3 of the bail petition on account of typographical error. Let the same be done during the course of the day. The petitioner seeks regular bail in connection with Sonbarsa P.S. Case No. 214 of 2018 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.

The case of the prosecution is that huge quantity of illicit liquor was recovered from the house of Vijay Panjiar and Community Hall of the co-accused Vinod Mahto. Subsequently the accused persons including the petitioner are stated to have been arrested by the Police.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.2087 of 2019(2) dt.17-01-2019 2/2 neither the aforesaid Community Hall/house belong to the petitioner nor any recovery has been made from the conscious possession of the petitioner and the petitioner has been remanded in the present case after he was arrested in one other case i.e. Sonbarsa P.S. Case No. 173 of 2018. The petitioner is stated to be an accused in one other case i.e. Sonbarsa P.S. Case No. 92 of 2018 in which he is on bail. As regards one other case i.e. Sonbarsa P.S. Case No. 68 of 2013, it is submitted that the Police has already submitted final form/closure report. Lastly, it is submitted that the petitioner is languishing in custody since 12.12.2018 after being remanded in the present case from the earlier case i.e. Sonbarsa P.S. Case No. 173 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sonbarsa P.S. Case No. 214 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T