Surendar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21272 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Surendar Mahto Son Of Late Ramageya Mahato Resident Of Village- Parsa Bahuarwa, Ps- Majhwaliya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise (Motihari) PS Case No. 158 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 70 liters liquor was recovered from motorcycle.

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. The petitioner is in custody since 03-02-2024, and has got no criminal

Patna High Court CR. MISC. No.21272 of 2024(2) dt.18-03-2024 2/2 antecedent. There is no compliance of Section 100 of Cr.P.C. 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 Excise (Motihari) PS Case No. 158 of 2024.

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