Rupesh Mahato @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29667 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== RUPESH MAHATO @ RUPESH KUMAR Son of Mahant Mahato Resident of Village - Ratan Paroli, P.S.- Bhagwanpur Hat, Distt.- Siwan, At Present - Banwari Tola, P.S.- Maharajganj, Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Maharajganj PS case no. 301 of 2020 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 35 liters of illicit liquor from a motorcycle. The petitioner is stated to have surrendered subsequently after he came to know that he has been implicated in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 19.02.2021. The learned counsel for the petitioner has further submitted by referring

Patna High Court CR. MISC. No.29667 of 2021(2) dt.09-12-2021 2/2 to paragraph no. 8 of the present petition that he is neither the owner of the illicit liquor nor of the motorcycle in question and he has been falsely implicated in the present case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the fact that the petitioner has categorically stated in the present petition that the motorcycle in question does not belong to the petitioner, apart from the fact that he is languishing in custody since 19.02.2021, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge-cumSpecial Judge IInd, Siwan in connection with Maharajganj PS case no. 301 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T