Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26541 of 2021 Arising Out of PS. Case No.-638 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== DINESH MAHTO S/o Raj Kishor Mahto R/o Mohalla- Sahebganj Butanbari, P.S.- Chapra Nagar, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 30(a) 41(i) and (ii) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, accused Salauddin Kuraishi was arrested and a total of 104 litres of liquor was recovered from his possession. He disclosed the name of the accused persons who had managed to escape, the petitioner being one of them.

It is submitted by learned counsel for the petitioner that from the F.I.R. itself it would be evident that neither the petitioner was arrest at the spot nor any incriminating article has been recovered from his possession. His name transpired from

Patna High Court CR. MISC. No.26541 of 2021(2) dt.26-11-2021 2/2 the statement of coaccused made before the police. The petitioner is in custody since 27.1.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and chargesheet having been submitted in the case, this Court directs the petitioner to be enlarged on bail in connection with Chapra Nagar P.S. Case no.638 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Sessions Judge, Excise, Chapra District Saran.

(Partha Sarthy, J) Bibhash/- U