Bhola Kumar @ Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21826 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Bhola Kumar @ Bhola Mahto Son of Ram Padarath Matho @ Ram Poddar Mahto Resident of Village - Ward No.- 17, Penhas, P.S.- Nagar (Lohia Nagar), District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Excise P.S. Case No. 41 of 2024 dated 28.01.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 225 litres of illicit foreign liquor was recovered from the bamboo orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the

Patna High Court CR. MISC. No.21826 of 2025(2) dt.21-04-2025 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 14 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Begusarai Excise P.S. Case No. 41 of 2024, with the condition- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T