Ravindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35351 of 2021 Arising Out of PS. Case No.-263 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

RAVINDRA MAHTO SON OF LATE DASHRATH RAM RESIDENT OF VILLAGE- R.D.S COLLAGE ROAD, NEAR MUKTI NATH MANDIR, P.S.- KAZI MOHAMMADPUR, DISTRICT- MUZAFFARPUR. 2.

UPENDRA MAHATO SON OF LATE DASHRATH RAM RESIDENT OF VILLAGE- R.D.S COLLAGE ROAD, NEAR MUKTI NATH MANDIR, P.S.- KAZI MOHAMMADPUR, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Kazi Mohmmadpur P.S. Case No. 263 of 2018 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38(A) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 30.420 litres of illicit liquor from the possession of the co-accused person, while he was sitting in the shop of the petitioners. The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.35351 of 2021(2) dt.13-12-2021 2/2 that the petitioners are innocent, have been falsely implicated in the present case and they are languishing in custody since 20.03.2021.

Per contra, the learned counsel 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 petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners herein on regular bail. Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 263 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T