Patna High CourtCR. MISC./15548/2024bail granted

Phulena Mahto v. The State Of Bihar

2024-03-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15548 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- Excise P.S. District- Saran ====================================================== Phulena Mahto Son of Badari Mahto @ Badri Mahto R/o Village/MohallaRaural Tola, P.S.- Chapra Town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 623 of 2023, instituted for the offences punishable under Sections 30(a)(c), 32(iii) and 45 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15 liters liquor was recovered from an open place and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.15548 of 2024(2) dt.05-03-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner had gone there in morning walk and became victim of the circumstances. The petitioner is in custody since 07.12.2023 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 623 of 2023.

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