Chharpan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3345 of 2022 Arising Out of PS. Case No.-265 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

CHHARPAN MAHTO, S/o Bhuttu Mahto, R/o village- Alampur Kodariya, P.S.- Bibhutipur, District- Samastipur 2.

Santosh Kumar, S/o Bhuttu Mahto, R/o village- Alampur Kodariya, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard Mr. Virendra Kumar, learned counsel for the petitioners and Mr. Lakshmi Kant Sharma, learned APP for the State through virtual proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in connection with Bibhutipur P.S. Case No. 265 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioners submits that the petitioners are in custody since 02.08.2021 and 09.08.2021 respectively, charge-sheet has been submitted and are persons with clean antecedent and allegation is of recovery of 15 litres of

Patna High Court CR. MISC. No.3345 of 2022(2) dt.04-03-2022 2/2 liquor from the joint house of the petitioners. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. The house is a joint family property and as such they were not knowing, who kept the liquor in the house.

Learned APP opposes the bail application.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted and are persons with clean antecedent, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.2000/- (Rupees two thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Samastipur in connection with Bibhutipur P.S. Case No. 265 of 2021.

(Satyavrat Verma, J) uday/- U T