Mukesh Kumar Mahto @ Mukesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10074 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Mukesh Kumar Mahto @ Mukesh Son of Late Jagdish Mahto Resident of Vill- Babhandei Chowk, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Pallavi For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Basopatti P.S. Case No. 218 of 2024 dated 21.11.2024 registered for the offences punishable u/ss 274 and 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, total 297 litres of illicit Nepali country-made liquor was recovered from the Maxi Van.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner but he is the driver of the said vehicle. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.10074 of 2025(2) dt.20-03-2025 2/2 recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Basopatti P.S. Case No. 218 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T