Lal Bahadur Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24817 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Lal Bahadur Mahato S/o Sudarshan Mahto, R/o Vill.- Barahani Paschim Tola, P.S.- Siwan (Muffasil), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Siwan (Muffasil) P.S. Case no. 35 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act-2016.

1.080 lts. of foreign liquor and cash of Rs. 2,000/- is to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.24817 of 2018(2) dt.01-05-2018 2/2 from his possession. Though two more cases under Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 31.01.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II, Siwan in connection with Siwan (Muffasil) P.S. Case no. 35 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T