Pappu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24084 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- BARH District- Patna ====================================================== PAPPU MAHTO, Son of Kari Mahto, Resident of Village-Bihat, P.S.- Barauni, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.A.G.

: Mr.Pawan Kr. Chauirasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench.

Allegation against the petitioner and other accused persons is of selling the illegal liquor.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 264.2 liters of country made liquor from the red colour Tavera Car and motorcycle and the said vehicles does not

Patna High Court CR. MISC. No.24084 of 2020(2) dt.18-09-2020 2/2 belong to the petitioner. The petitioner is just a passer-by who was caught by the police mere on suspicion and has been made accused in this case. The petitioner is in jail custody since 20.02.2020 and has got no criminal antecedent which is mentioned para-3 of the bail petition.

Learned APP for the State opposes the bail petition. Petitioner is agreed to deposit a sum of Rs. 15,000/- (Rupees Fifteen Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Special Case No. 73 of 2020 arising out of Barh P.S. Case No. 1716 of 2020 to the satisfaction of the learned Special Judge Excise, Patna. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000/- (Rupees Fifteen Thousand) in the Chief Minister Relief Fund. (Anjani Kumar Sharan, J) amitkumar/- U T