Ajeet Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36415 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== AJEET MAHTO S/O UMAKANT MAHTO RESIDENT OF GEHUNI, POLICE STATION-BHAGWANPUR, DISTRICT-BEGUSARAI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Adv.
Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Mr. Bisheweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 225 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case in brief is that Police got a secret information that the petitioner along with other accused persons have brought consignment of illicit liquor on a Pick Up Van, proceeded towards the place of occurrence and upon seeing the Police party the accused persons fled away, however, Police recovered 276 liters 480 ml of illicit liquor from the Pick UP Van in question.
Patna High Court CR. MISC. No.36415 of 2021(2) dt.06-01-2022 2/3 Learned counsel for the petitioner submits that petitioner has been made accused in this case on the basis of secret information received by the Police and he has not committed any offence in the manner alleged. He further submits that petitioner is not the owner of the Pick Up Van from where illicit liquor has been recovered and the co-accused / Guddu Chaudhary having similar allegation has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 23656 of 2021, petitioner has got no criminal antecedent and he is in custody since 03-03-2021.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is not the owner of the Pick Up Van from which illicit liquor has been recovered, the co-accused has been granted bail by this Court, petitioner is in custody since 03.03.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II cum Spl.
Patna High Court CR. MISC. No.36415 of 2021(2) dt.06-01-2022 3/3 Judge, Excise Act, Begusarai in connection with Bhagwanpur P.S. Case No. 225 of 2020.
(Anil Kumar Sinha, J) praful/- U T