Patna High CourtCR. MISC./8216/2023bail granted

Akhilesh Kumar Mahto v. The State Of Bihar

2023-05-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8216 of 2023 Arising Out of PS. Case No.-1171 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== AKHILESH KUMAR MAHTO S/o Ram Pravesh Prasad R/o Village- Milki, P.S.- Kopa, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Ranjan For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Utpad thana (Patna) P.S. Case No. 1171/2022, registered for the offence punishable under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent. Seizure list is not proper and not prepared in accordance with section 100 of the Cr.P.C. It is further alleged that the petitioner is not owner of the concerned boat. The alleged liquor had not been recovered from the conscious possession of the petitioner and he is in custody since

Patna High Court CR. MISC. No.8216 of 2023(2) dt.03-05-2023 2/2 24.11.2022.

Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against the petitioner, his period of custody and also the fact that he has clean antecedent, this application is allowed. Let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (Excise), Patna in connection with Utpad thana (Patna) P.S. Case No. 1171/2022.

(Sandeep Kumar, J) Ranjeet/- U T