Rohit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20938 of 2020 Arising Out of PS. Case No.-258 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== ROHIT MAHTO Son of Jiwal Mahto Resident of Village-Vilnlpur, Ward No.7, Police Station-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Akshay Lal Pandit, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 258 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

The allegation is regarding recovery of certain quantity of illicit mahua liquor from the house of the co-accused person, namely, Shambhu Sahni and upon inquiry, it transpired that the

Patna High Court CR. MISC. No.20938 of 2020(2) dt.24-06-2020 2/3 petitioner was one of the co-accused person, who had fled from the spot.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 3.2.2020. It is further submitted that no illicit liquor has been recovered from the house of the petitioner, hence, the petitioner has been falsely implicated in the present case merely on suspicion.

Per contra, the learned APP 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 leaned counsel for the petitioner and taking into account the fact that no recovery of illicit liquor has been made from the house of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge cum Special Judge, Excise, Begusarai in connection with Teghra P.S.

Patna High Court CR. MISC. No.20938 of 2020(2) dt.24-06-2020 3/3 Case No. 258 of 2019.

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