Jagdeo Mahto @ Jagdev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8580 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== Jagdeo Mahto @ Jagdev Mahto S/o Anup Mahto Resident of VillageKhangura, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Katra P.S. Case No. 305 of 2021 instituted for the offences punishable under Sections 341, 323, 353, 504, 188 and 34 of the Indian Penal Code and 30(A) and 37(C) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that as per the prosecution story, 64 liters of country made fermented toddy liquor was recovered from a hut near the river where the

Patna High Court CR. MISC. No.8580 of 2022(2) dt.22-06-2022 2/2 petitioner and his associates were also present along with other co-accused.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating articles have been recovered from the conscious possession of the petitioner. Further, it is submitted that petitioner is in custody since 19.11.2021 having no criminal antecedent.

Learned APP for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 19.11.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Katra P.S. Case No. 305 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T