Om Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32597 of 2018 Arising Out of PS.Case No. -225 Year- 2018 Thana -ARA NAGAR District- BHOJPUR ====================================================== Om Prakash Mahto, S/o Rangi Mahto, R/o Mohalla- Rauja , P.S.- Chapra Town, District- Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Ara Town P.S. Case No. 225 of 2018 (Excise Case No.706 of 2018) for the offences under Sections 30/36 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he is in custody since 19.04.2018. He further submits that the petitioner was made scape goat in the instant case, as the wine was not recovered from his conscious possession. He submits that the petitioner was simply passing through the place, where the wine was kept abandoned and on suspicion he has been made accused in the instant case. Considering the aforesaid fact that the petitioner has no criminal antecedent and he has remained in custody for

Patna High Court Cr.Misc. No.32597 of 2018 (2) dt.06-06-2018 2/2 more than one and half months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Bhojpur at Ara in connection with Ara Town P.S. Case No. 225 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T