Santosh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42745 of 2018 ====================================================== Santosh Kumar Mahto, son of Ram Chandra Mahto, resident of MohallaPachopur, P.S.- Rosera District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

400 ML of foreign liquor is said to have been recovered from the house of the petitioner and at the indication of the petitioner, 9.75 litres of foreign liquor is said to have been recovered from the bush located behind the house of the Laxmi Mahto.

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 has

Patna High Court Cr.Misc. No.42745 of 2018 (2) dt.17-07-2018 been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his house. He has not made any disclosure. He has been languishing in custody since 31.05.2018.

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 Addl. Sessions Judge-VI cum Special Judge, Excise, Samastipur in connection with Rosera P.S. Case No. 186 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T