Hareesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7617 of 2025 Arising Out of PS. Case No.-365 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== Hareesh Mahto S/o Ganesh Mahto R/o Gosai Tola, P.S.- Patliputra, Town and Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dineshwar Mishra, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chowk PS Case No. 365 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 210 litres of country made liquor was recovered from Bajaj Tempo. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the owner of the Tempo bearing Registered No. BR01PC-8592 and has sold his tempo to one Sanjay Mahto and

Patna High Court CR. MISC. No.7617 of 2025(2) dt.15-02-2025 2/2 handed over the original registration paper. The petitioner is in custody since 13.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chowk PS Case No. 365 of 2021.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T