Patna High CourtCR. MISC./11683/2024bail granted

Santosh Kumar Mahto @ Santosh Mahto v. The State Of Bihar

2024-02-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11683 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== Santosh Kumar Mahto @ Santosh Mahto S/o Jagdish Mahto R/o - Pali , P.S. - Ghanshyampur, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sakatpur P.S Case No. 119 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment Act), 2018.

3. As per F.I.R., 135 litres of illicit liqour has been recovered from a tempo.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.11683 of 2024(2) dt.23-02-2024 2/3 petitioner. It is also submitted that petitioner is in judicial custody since 23.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Sakatpur P.S Case No. 119 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall

Patna High Court CR. MISC. No.11683 of 2024(2) dt.23-02-2024 3/3 be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Guddu/- U T