Nandlal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75711 of 2023 Arising Out of PS. Case No.-381 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== NANDLAL MAHTO SON OF VISHVANATH MAHTO R/O VILLAGESUGAUV DHANGAD TOLI, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the IPC and Sections 30(a), 32, 34, 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 15 liters of illegal country-made liquor from the hut of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern with the seized

Patna High Court CR. MISC. No.75711 of 2023(2) dt.29-11-2023 2/2 wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Excise Court No.- 1, Motihari at East Champaran in connection with Sugauli P.S. Case No. 381 of 2023.

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