Ramchandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13958 of 2023 Arising Out of PS. Case No.-483 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== RAMCHANDRA MAHTO Son of Late Jawahir Mahto R/V- Garabhuwa Lala Tola, P.s- Chanpatia (Sirisiya O.P) Dist- West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 483 of 2021 dated 27.09.2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 23 litres of illicit country made liquor but as per the allegation, only five litres of the said seized liquor is stated to have been recovered from the Bhathi, which is stated to be under the control of this petitioner but in fact, the petitioner has been falsely made accused in this case and he had no concern with the said Bhathi and the same was not found to be situated

Patna High Court CR. MISC. No.13958 of 2023(2) dt.05-05-2023 2/3 on the land of the petitioner. Further submissions are that the petitioner was not arrested at the spot and as per the prosecution, his name came into light in the disclosure made by a police spy and the said information has no evidentiary value, though against the petitioner, there are criminal antecedents of seven cases but he has got bail in five cases out of these and coaccused Lalan Mahto, carrying similar nature of allegation, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 27562/2022.

4. Learned APP appearing for the State has opposed the bail prayer and submitted that the instant matter relates to the recovery of illicit manufactured and semi-manufactured country made liquor and a huge quantity of illicit semimanufactured liquor was recovered from several Bhathis and the petitioner was indulged in manufacturing the said illicit liquor and there is serious allegation against the petitioner and he has criminal antecedent of several cases.

5. Considering the above submissions and mainly the facts that the petitioner was not arrested at the spot and as per the prosecution, his name was disclosed by a local Chawkidar as being involved in the alleged crime and against the petitioner, the investigation has been completed and one similarly situated

Patna High Court CR. MISC. No.13958 of 2023(2) dt.05-05-2023 3/3 co-accused mentioned-above is on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail, after framing of charge, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 483 of 2021.

(Shailendra Singh, J) annu/- U T