Patna High CourtCR. MISC./31201/2024allowed

Vijay Kumar @Vijay Mahto v. The State Of Bihar

2024-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31201 of 2024 Arising Out of PS. Case No.-396 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Vijay Kumar @Vijay Mahto Son Of Late Somar Mahto Resident Of VillageRamnagar Sari, Ps- Mathuranpur Op, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 8 liters of country made liquor from the thatched shop of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no

Patna High Court CR. MISC. No.31201 of 2024(2) dt.02-05-2024 2/3 offence. He has falsely been implicated in this case due to business rivalry. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is also submitted that he has no concern either with the apprehended accused persons or the seized liquor or the place of recovery. Moreover, the petitioner is languishing in judicial custody since 11.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisnagar (Mathurapur P.O) P.S. Case No. 396 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.31201 of 2024(2) dt.02-05-2024 3/3 Judge (Excise)-02, Samastipur.

(Sunil Kumar Panwar, J) Shageer/- U T