Kanhai Mahto @ Kanhaiya Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14977 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== KANHAI MAHTO @ KANHAIYA MAHATO Son of Jokhan Mahto Resident of Village - Dostiya, P.O. and P.S. - Gurhanwa, Kundwa, Chainpur, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.11.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 270 litre of liquor from sack thrown by the accused person.

Learned counsel for the petitioner submits that the petitioner was merely a passerby and came to be implicated in

Patna High Court CR. MISC. No.14977 of 2022(2) dt.29-03-2022 2/2 the present case when the search was being made as the real culprit after throwing the sack on seeing the police had fled away.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kundwa Chainpur P.S. Case No. 251 of 2021. (Satyavrat Verma, J) Kundan/- U T