Patna High CourtCR. MISC./10829/2024bail granted

Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10829 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar S/o Mantun Mahto Resident of Village- Gamaharia, P.S.- Naokothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Adv.

Mrs. Namita Sharma, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, 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 Naokothi P.S. Case No. 188 of 2023 instituted for the offences under Sections 120(B) of the Indian Penal Code read with Sections 30(a), 32, 41 of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered altogether 900 liter foreign liquor from the road in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.10829 of 2024(2) dt.22-02-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present bail application. 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 03.01.2024.

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

7. 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 Naokothi P.S. Case No. 188 of 2023, subject to following conditions:- (i) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.10829 of 2024(2) dt.22-02-2024 3/3 the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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