Santosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19482 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Santosh Mahto S/o Devendra Mahto R/o Chakjado, Baligaon PS, Vaishali, Bihar - 843104.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Musrigharari P.S Case No. 212 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 3510 litre illicit liquor was recovered from the tanker vehicle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.19482 of 2024(2) dt.18-03-2024 2/3 petitioner. On perusal of seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 21.12.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st, Excise, Samastipur in connection with Musrigharari P.S Case No. 212 of 2023
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall
Patna High Court CR. MISC. No.19482 of 2024(2) dt.18-03-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U