Rambabu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8088 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== RAMBABU MAHTO S/O LATE RAVINDRA MAHTO RESIDENT OF VILLAGE- SANGRAM FANDAH, WARD NO. 4, P.S.- RIGA, DISTRICTSITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Riga PS case no. 163 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 423 liters of illicit Nepali Saufi wine from the firewood room of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 05.11.2021.

Patna High Court CR. MISC. No.8088 of 2022(2) dt.09-06-2022 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Act, Court-I, Sitamarhi in connection with Riga PS case no. 163 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T