Patna High CourtCR. MISC./4988/2022bail granted

Mukesh Mahto v. The State Of Bihar

2022-06-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4988 of 2022 Arising Out of PS. Case No.-414 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Mukesh Mahto Son Of Ganesh Mahto Resident Of Village- Ganga Prasad Bind Toli, Police Station- Barauni, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni (Chakiya) P.S. Case No.414 of 2021 lodged under Section 30(a) and 30(c) of Bihar Prohibition and Excise Amendment Act, 2018.

As per the allegation made in the F.I.R., the total 120 liters of country made liquor has been recovered in this case. Learned counsel for the petitioner submits that charge sheet has already been filed in this case and petitioner is in custody since 27.09.2021 having no criminal antecedent. He further submits that other co-accused namely, Sanjay Mahto of this case has been granted bail by the Co-ordinate Bench of this Hon'ble Court vide order dated 30.05.2020 passed in Cr. Misc.

Patna High Court CR. MISC. No.4988 of 2022(2) dt.09-06-2022 2/2 No.72322 of 2021.

Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case and after perusal of records as well as this aspect that charge sheet has already been submitted and petitioner is in custody since 27.09.2021 having clean antecedent, let the petitioner above named, be granted bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Begusarai in connection with Barauni (Chakiya) P.S. Case No.414 of 2021. But with view to maintain the parity of the decision, the petitioner above named be directed to release on bail only after framing of charge.

(Dr. Anshuman, J) ravishankar/- U T