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Patna High CourtCR. MISC./35347/2018bail granted

Anil Mahto v. The State Of Bihar

2018-06-28Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35347 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -FATUHA District- PATNA ======================================================

1. Anil Mahto Son of Wakil Mahto R/o Village- Maksudpur, P.S. Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

50 litres of country made liquor is said to have been recovered from the motorcycle at Maksudpur Ganga ghat, Fatuha and several accused persons including the petitioner allegedly involved in brewing aforesaid liquor managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He was

Patna High Court Cr.Misc. No.35347 of 2018 (2) dt.28-06-2018 2/2 not apprehended on the spot. Identity and genuiness of the source of information has not been mentioned in the written report. He has been falsely implicated in the case due to dirty village politics. He has no criminal antecedent. He has been languishing in custody since 01.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 1436 of 2018 arising out of Fatuha P.S. Case No. 86 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T