Jaichandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8141 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Jaichandra Mahto Son of Jageshwar Mahto Resident of village-Gopalpur, P. S.-Paru, District-Muzaffarpur, 2.

Shivjee Kumar Son of Sukeshwar Mahto @ Sukeshwar Mahto Resident of village-Jiyan Khurd, P. S.-Karja, District-Muzaffarpur.. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Dumariyaghat PS Case No. 314 of 2024 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 186.480 litres of foreign liquor was recovered from Sonalika vehicle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.8141 of 2025(2) dt.17-02-2025 2/2 submitted that petitioners are neither the owner nor the driver of the seized vehicle. The petitioners are in custody since 20.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

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

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners 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 Dumariyaghat PS Case No. 314 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T