Rohit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11522 of 2023 Arising Out of PS. Case No.-124 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== Rohit Mahto Son Of Yogi Mahto @ Bhogi Mahto R/V- Durgapatti, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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, 273/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1215 litres of Nepali liquor from School and hut situated in the orchard of petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been

Patna High Court CR. MISC. No.11522 of 2023(2) dt.21-04-2023 2/3 recovered from the conscious possession of the petitioner. He has no concern with the alleged recovery. Petitioner is languishing in judicial custody since 22.1.2022.

In contra, learned A.P.P. vehemently opposed the prayer of bail and submitted that huge quantity of liquor has been recovered and the said hut is situated in the orchard of the petitioner.

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 petitioner 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 124 of 2021.

The petitioner is directed to deposit a sum of Rs.

Patna High Court CR. MISC. No.11522 of 2023(2) dt.21-04-2023 3/3 20,000/-(Rupees Twenty 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. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T