Vijay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50072 of 2018 Arising Out of PS.Case No. -277 Year- 2018 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vijay Mahto, S/o Sri Dhruv Mahto @ Dhrup Mahto, resident of MohallaUttarwari Pokhar, Ward No. 06, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma Mr. Abhishek Kumar For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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), 35, 38 and 56 of the Bihar Prohibition and Excise Act, 2016.
126 liters of foreign liquor is said to have been recovered from the house and two motorcycles parked in the said house of the petitioner and petitioner 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 with the
Patna High Court Cr.Misc. No.50072 of 2018 (2) dt.14-08-2018 2/2 seized liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. 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 14.04.2018. In the facts and circumstances of the case, 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 Act, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 277 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T