Dharmendra Mahato @ Dharmendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20152 of 2025 Arising Out of PS. Case No.-151 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Dharmendra Mahato @ Dharmendra Mahto S/o Lal Bahadur Mahato R/o Village- Gaur Bujurg, P.S.- G.B. Nagar, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, aPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with GB Nagar PS Case No. 151 of 2021 instituted for the offences under Sections 30(a)(d), 34, 36 & 41(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 135 liters country made liquor, one gas cylinder and aluminum utensils were recovered from orchard.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner is disclosed by the local chowkidar. No incriminating material has been recovered from
Patna High Court CR. MISC. No.20152 of 2025(2) dt.03-04-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 19-02-2025 and has got two criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023.
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 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 GB Nagar PS Case No. 151 of 2021.
(Rudra Prakash Mishra, J) Raj Kishore/- U T