Patna High CourtCR. MISC./11145/2024bail granted

Ramlal Mahto v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11145 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ramlal Mahto S/O Late Avadh Mahto R/O Village- Gangapur, Ps.- Musrigharari, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, 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 Musrigharari P.S. Case No. 179 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, the police has recovered altogether 36.840 liter illegal foreign liquor from the toilet room situated behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to enmity. He further submits that nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.11145 of 2024(2) dt.22-02-2024 2/2 of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application in which he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 06.11.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Musrigharari P.S. Case No. 179 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T