Patna High CourtCR. MISC./15729/2024bail granted

Rambabu Mahto @ Ram Bahadur 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.15729 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Rambabu Mahto @ Ram Bahadur Mahto Son of Ramchandra Mahto Resident of Village- Gehumi, Police Station- Town (Mabbi O.P.), P.O.- Lalbag, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Minakshi Kumari, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, 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 Kaluahi P.S. Case No. 262 of 2023, instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 252 liters liquor was recovered from one tempo 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. 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.15729 of 2024(2) dt.05-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is only driver of the seized tempo and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 16.12.2023 and has got no criminal antecedent. 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 Kaluahi P.S. Case No. 262 of 2023.

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