Dashrath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27148 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Dashrath Mahto S/O Late Mahendra Mahto, Resident of village- Paroo, Nunfar, PS- Paroo, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mrs. Priyanka Kumari, Advocate Mrs. Kumari Rupa, Advocate Mr. Rajeev Ranjan No.-II, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 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 Paroo P.S. Case No. 120 of 2025 dated 11.03.2025 registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 60 litres of illicit country made liquor and 1.8 litres of foreign liquor was recovered from the house of the petitioner. It is further alleged that the coaccused (Chandan Shah) was tested with a breath analyzer machine and 142.8 mg/100 mL of alcohol was detected.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.27148 of 2025(2) dt.30-04-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There was non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. / Section 103 of BNSS, 2023. The petitioner has three criminal antecedents of similar nature as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 12.03.2025.

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 Only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No.-II, Muzaffarpur, in connection with Paroo P.S. Case No. 120 of 2025.

7. The application stands allowed.

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