Pappu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18997 of 2020 ========================================================= Pappu Kumar Mahto aged about 22 years, son of Satya Narayan Mahto, resident of village Singhaniya Chowk Bhauara P.S.: Town District-Madhubani ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the State : M/s Meena Singh, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 15.2.2020 has filed the instant application for grant of bail in connection with G.O. Case no.28 of 2020 registered for offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., a total quantity of 41.7 litres of Nepali liquor is stated to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged, has taken place either from his possession or his house. He has been falsely implicated and in any case the said house is a joint family house and not exclusive property of the petitioner. It is further submitted that the petitioner has no criminal antecedent, he is in custody since

15.2.2020 and investigation in the case has already concluded with submission of chargesheet.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner having no criminal antecedent, his being in custody since 15.2.2020 and chargesheet having been submitted in the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with G.O. Case no.28 of 2020 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Bibhash U T