Patna High CourtCR. MISC./15793/2024bail granted

Vijay Kumar 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.15793 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Vijay Kumar Mahto son of Rajendra Mahto @ Rajindra Mahto VillageRatanpura Ps- Ashok Paper Mill Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, 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 Ashok Paper Mill P.S. Case No. 220 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 70.380 liters liquor was recovered from two vehicles out of which 1.260 liters liquor was recovered from the vehicle of the petitioner and he was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.15793 of 2024(2) dt.05-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired as being owner of the motorcycle. The petitioner is in custody since 30.12.2023 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 Ashok Paper Mill P.S. Case No. 220 of 2023.

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