Sandeep Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24769 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Sandeep Mahto Son Of Pargan Mahto Resident Of Village - Nuniya D, Ward No.09, P.S. - Raxaul, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Adapur (Nakerdei) P.S Case No. 47 of 2024 registered for the offences punishable under Sections 414 of the I.P.C and Section 30(a), 32, 41(i) of Bihar Prohibition and Amendment Excise (amended up-to date) Act 2016.

3. As per prosecution case, total 84.750 litre illicit liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It

Patna High Court CR. MISC. No.24769 of 2024(2) dt.28-03-2024 2/3 is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 10.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 2, East Champaran at Motihari in connection with Adapur (Nakerdei) P.S Case No. 47 of 2024.

Patna High Court CR. MISC. No.24769 of 2024(2) dt.28-03-2024 3/3

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T