Deepak Mahto @ Dipak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10100 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Deepak Mahto @ Dipak Mahto Son Of Rameshwar Mahto R/V- Balthar, P.S.- Balthar, Bhawara, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gaurav Prakash For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 19.5 litres of Nepali liquor from a motorcycle. The petitioner was apprehended on the spot with the motorcycle from which illicit liquor has been seized.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.10100 of 2023(2) dt.19-04-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in the present case due to high handedness of the police. Petitioner has no concern with the alleged recovery. Moreover, he is languishing in judicial custody since 12.12.2022.

In contra, learned A.P.P. vehemently opposed the prayer of bail and submitted that petitioner was apprehended at the spot with the motorcycle from which illicit liquor has been recovered.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioners on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Purushottampur P.S. Case No. 114 of 2022.

Patna High Court CR. MISC. No.10100 of 2023(2) dt.19-04-2023 3/3 The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District.

(Sunil Kumar Panwar, J) nirajkrs/- U T