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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10701 of 2024 Arising Out of PS. Case No.-19 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Pawan Kumar Mahto @ Pawan Kumar Son Of Ram Bali Mahto @ Ram Bali Singh R/O-Virsahiya Ward No. 07, P.S.-Vibhutipur, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bindeswari Singh, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vibhutipur P.S. Case No. 19 of 2021 instituted for the offence under Sections 272 & 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

As per prosecution case, there is recovery of total 1477.800 liters of illicit foreign liquor from Pickup. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.10701 of 2024(2) dt.22-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered liquor. Petitioner is neither the owner nor the driver of the vehicle in question. Name of the petitioner has transpired on the basis of Call Detail Record, taken during the course of investigation. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

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 Vibhutipur P.S. Case No. 19 of 2021.

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