Pawan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66765 of 2019 Arising Out of PS. Case No.-417 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== 1.

Pawan Kumar Mahto, Son of Dhaniram Mahto, age 38 years, Gender-Male, Resident of Village-Singh Dih, P.S-Chhas, District-Bokaro Jharkhand. 2.

Chandan Kumar Bhagat @ Driver Chandan Kumar Bhagat, Son of Late Yogendra Bhagat, age 32 years, Gender-Male, Resident of VillageBhilayeen, P.S.-Khairah, District-Jamui, Bihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Virendra Kumar, Advocate.

For the Opposite Party :

Mr.Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 30(a), 32(III) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 1047.240 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 07.09.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.66765 of 2019(2) dt.21-10-2019 2/2 against the petitioners. It is alleged that total 1047.240 liters wine is recovered from Tata 407 vehicle. The said vehicle does not belong to the petitioners. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.- II-cum-Special Judge, Excise Act, Darbhanga, in connection with Bahera P.S. Case No. 417 of 2019.

(Sudhir Singh, J) U.K./- U T