Nandu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37268 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nandu Mahto Son Of Late Ramji Mahto Resident of Village - Malahi Majorganj, Ward No.01, P.S.- Mejorganj, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Majorganj P.S. Case No. 33 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 25.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 225 liters of Nepali liquor from behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was completely unaware that how the said liquor came to be recovered from the backside of his house and who

Patna High Court CR. MISC. No.37268 of 2021(2) dt.08-12-2021 2/2 had kept it or might have been falsely implicated by the police in order to save the real culprits.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 25.02.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Sitamarhi in connection with Majorganj P.S. Case No. 33 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T