Patna High CourtCR. MISC./16163/2023bail granted

Daroga Mahto @ Daroga Mahato v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16163 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== DAROGA MAHTO @ DAROGA MAHATO Son of- Late Bal Kanhai Mahto Village- Garabhuwa Lala Tola PS- Sirisiya O.P., Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 32 of 2023, dated 17.01.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 3 litres of country-made liquor and the same has been shown as being recovered from a bag in petitioner's possession, in fact the said recovery was planted by the police and petitioner has been languishing in jail since 18.01.2023. Further submission is that though against the petitioner there are criminal antecedents of

Patna High Court CR. MISC. No.16163 of 2023(2) dt.08-05-2023 2/2 three cases but all the said cases belong to the year 2019 in which he is on bail.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly the custody period of the petitioner, completion of investigation against him and the quantity of the alleged recovered liquor, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 32 of 2023.

(Shailendra Singh, J.) maynaz/- U T