Ramkaran Mahto @ Ram Karan Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1767 of 2025 Arising Out of PS. Case No.-268 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Ramkaran Mahto @ Ram Karan Mahato S/o Ram Chandra Mahto @ Ram Chandra Mahto Resident of Village- Mukhtiyarpur, PS- Dalsingh Sarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Ujiarpur P.S. Case No. 268 of 2024 dated 10.10.2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution story the Police received information that the petitioner along with another co-accused person had brought a consignment of illicit liquor and were unloading the same in the banana orchard and bamboo clump of Jagdish @ Rambalak Mahto situated near the half constructed house of Shankar Mahto and Mahendra Mahto. Upon such
Patna High Court CR. MISC. No.1767 of 2025(2) dt.15-02-2025 2/3 information, Police proceeded towards the place of occurrence and upon seeing the Police party two persons started fleeing away and succeeded in the same. Upon search, Police recovered 27 liters of Indian made foreign liquor from the orchard.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the Police due to oblique motive. The illicit liquor has been recovered from the open orchard of Jagdish @ Rambalak Mahto which is accessible to all and sundry and the petitioner has no concern with Jagdish @ Rambalak Mahto. No incriminating article and / or illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner. The petitioner is in custody since 17.11.2024.
5. Regard being had to the submissions made by the parties, taking into consideration the nature of allegation, the fact that illicit liquor has been recovered from an open space easily accessible to everyone and the period of custody, I am inclined to grant regular bail to the petitioner.
6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Vasant Kumar, Exclusive Spl. Excise Court No.-I, Samastipur /
Patna High Court CR. MISC. No.1767 of 2025(2) dt.15-02-2025 3/3 concerned court in connection with Ujiarpur P.S. Case No. 268 of 2024.
(Anil Kumar Sinha, J) praful/- U T