Shyam Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30707 of 2021 Arising Out of PS. Case No.-748 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== SHYAM BABU MAHTO S/o Late Darshan Mahto @ Sudarshan Mahto R/o village- Sahebganj, Adda No. 2, Ward No. 29, P.S.- Chapra Town, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Surendra Prasad Singh, learned counsel for the State.

Petitioner seeks regular bail in connection with Chhapra Town P.S. Case No. 748 of 2019 registered for the offence under Section 30 (a) / 41 (i)(ii) of the Bihar Prohibition and Excise Act, 2018.

The prosecution story in brief is that Police on the basis of secret information reached near the place of occurrence i.e. shop of one lady and recovered a total quantity of 677.490 liters of illicit foreign liquor from the same and the arrested lady co-accused disclosed the name of the petitioner as the person who along with others used to bring liquor from Uttar Pradesh

Patna High Court CR. MISC. No.30707 of 2021(3) dt.08-12-2021 2/3 for the purpose of sale.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and illicit liquor has not been recovered from his conscious possession and / or premises belonging to him. He next submits that name of petitioner transpired in this case on the basis of confessional statement made by the co-accused from whose possession illicit liquor has been recovered. He next submits that petitioner is in custody since 27/01/ 2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 27/01/2021, illicit liquor has not been recovered from his conscious possession, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.30707 of 2021(3) dt.08-12-2021 3/3 to the satisfaction of learned 2nd Addl. Sessions Judge-cumSpecial Judge, Excise, Saran in connection with Chapra Town P.S. Case No. 748 of 2019.

(Anil Kumar Sinha, J) praful/- U T