Patna High CourtCR. MISC./14784/2024bail granted

Ravi Mahto @ Ravi Choudhary v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14784 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Ravi Mahto @ Ravi Choudhary son of Gopal Mahto Village- Mosimpur PsSadar Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14792 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Ranjeet Yadav son of Ram Ekabl Yadav Village- Gausadih Ps- Sadar DistDarbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14784 of 2024) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Bharat Lal (In CRIMINAL MISCELLANEOUS No. 14792 of 2024) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Darbhanga Sadar P.S Case No. 336 of 2023 registered for the offences punishable under Sections

Patna High Court CR. MISC. No.14784 of 2024(2) dt.05-03-2024 2/3 420, 467, 468, 471, 34 and Section 120(B) of the I.P.C and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act - 2018.

3. As per prosecution case, upon secret information, the police upon knowledge that accused persons are selling liquor under the leadership of one Alamgir raided the place where 10 wheeler truck was present. Altogether 667.26 litres of foreign liquor was recovered/seized.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. It is next submitted that in similarly situated condition one of the co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 07.01.2023 passed in Cr. Misc. No. 59832 of 2023. It is also submitted that petitioners are in judicial custody since 23.12.2023 and 20.05.2023 respectively.

5. However, learned APP for the State oppose

Patna High Court CR. MISC. No.14784 of 2024(2) dt.05-03-2024 3/3 the prayer for regular bail of the petitioners.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, (Excise Act), Darbhanga in connection with Darbhanga Sadar P.S Case No. 336 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T