Ravindra Mahto @ Devendra Mahto @ Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7864 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== RAVINDRA MAHTO @ DEVENDRA MAHTO @ DEVENDRA KUMAR S/o Upendra Mahto R/o Village- Paharpur Nayatola, P.S.- Medini Chowki, Distt- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution story, on 26.6.2022 the petitioner was identified by villagers, who was escaping on seeing the police force after throwing away a gallon, from which 35 liters country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.7864 of 2023(2) dt.12-04-2023 2/2 liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police official not a single independent witness which violates section 100 of Cr.P.C. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 27.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Medini Chowki P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-5th-cum-Special Excise Court -IInd, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T