Suresh Kumar Mahto @ Suresh Kumar Mahato @ Suresh Kr Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15742 of 2025 Arising Out of PS. Case No.-276 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Suresh Kumar Mahto @ Suresh Kumar Mahato @ Suresh Kr Mahto S/O Purendra Mahto Resident Of Village - Kerwar, P.S- Pathargama,Dist- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhoraiya PS Case No. 276 of 2023 instituted for the offences under Sections 420, 467, 468 of the IPC and Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 952.2 litres of foreign liquor was recovered from Pick-up vehicle. 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 petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.15742 of 2025(2) dt.18-03-2025 2/2 vehicle. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended coaccused person namely, Nitish Kumar Yadav. The petitioner is in custody since 30.01.2025 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 Dhoraiya PS Case No. 276 of 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T