Pawan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33792 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- JHAJHA District- Jamui ====================================================== 1.

Pawan Kumar Mahto Son Of Dilip Mahto Resident Of Rajganj, Badhwadih, P.S. - Rajgang, District - Dhanbad, State - Jharkhand 2.

Shashi Kumar Nishad Son Of Ram Pravesh Nishad Resident Of Village - Maniyatar Kumharpatti (PANDEY Beda), P.S. - Tishra, District - Dhanbad 3.

Hiralal Sonar Son Of Asarfi Sonar Resident Of Tetumari, P.S. - Rajganj, District - Dhanbad, State - Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Jhajha P.S. Case No. 55 of 2024 dated 13.02.2024 registered for the offences punishable u/ss 30(a), 32(I), 32(II), 36, 41(I) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 162 litres of illicit foreign liquor was recovered from the Pickup van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.33792 of 2024(2) dt.02-05-2024 2/2 implicated in this case. The petitioners are neither the owner nor the driver of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.02.2024.

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 petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Jhajha P.S. Case No. 55 of 2024.

7. The application stands allowed.

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