Deepak Kumar @ Jalim Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13745 of 2025 Arising Out of PS. Case No.-443 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Deepak Kumar @ Jalim Mahto Son of Ram Chandra Mahto Resident of Village - Karakh Desri, Chandan Tol Ward-17, P.S. - Bibhutipur, District - Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Bibhutipur PS Case No. 443 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 102.930 litres of foreign liquor was recovered from the house of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and 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 with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner
Patna High Court CR. MISC. No.13745 of 2025(2) dt.03-03-2025 2/2 where the other family members also reside. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 22.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur PS Case No. 443 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T