Bhim Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29343 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== BHIM MAHTO S/o Satrudhan Mahto R/o Mohalla Rupganj,Adda No.2, P.S.- Chapra Town, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and sections 30(a) and 41(i) & (ii) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted 60 litres of country liquor was recovered however the three accused persons including the petitioner herein, managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case because of his antecedents. He was neither arrested at the spot nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.29343 of 2021(6) dt.17-01-2022 2/2 his possession. He is in custody since 17.5.2020. It is further submitted that as directed by this Court, a sum of Rs. 5000/- has been deposited with the Patna High Court Legal Services Committee and a supplementary affidavit has been filed in the instant application.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot nor any incriminating article having been recovered from his possession together with chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Chapra Town P.S. Case no. 269 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-Special Judge, Excise, Saran.

(Partha Sarthy, J) Bibhash U T