Shiv Kumar Mahto @ Shio Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18814 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Shiv Kumar Mahto @ Shio Kumar Mahto S/o- Ram Ratan Mahto Resident of Village- Tarwar Tola- Khariwant, P.S.- Bhagwanpur Hat, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhagwanpur Hat P.S. Case No. 09 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 151.6 litres of liquor has been recovered out of which 31.6 litres liquor has been recovered from plastic bag whereas 120 litres liquor has been recovered from open field.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.18814 of 2025(2) dt.28-03-2025 2/2 possession of the petitioner rather a part recovery has been made from plastic bag and also from an open place. The petitioner has got no concern with the alleged recovery of liquor or with the plastic bag from which the recovery has been made. The petitioner is in custody since 14.01.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 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 Bhagwanpur Hat P.S. Case No. 09 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T