Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16182 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== 1.

Dinesh Mahto S/o- Ramlal Mahto @ Shuamlal Mahto Resident of villageMahmadpur P.S.- Areraj District - East Champaran 2.

Niraj Kumar S/o- Anirudh Paswan @ Anuroddh Paswan Mob- Bindwaliya W.No-7, Ps- Govindganj Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2.

The petitioners seek bail in connection with Areraj PS Case No. 04 of 2025 instituted for the offences under Sections 274, 275, 317(2) of B.N.S. and Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 95 litres of country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.16182 of 2025(2) dt.18-03-2025 2/2 submitted that motorcycle in question does not belong to the petitioners. The petitioners are in custody since 05.01.2025 and have got no criminal antecedents. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Areraj PS Case No. 04 of 2025.

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