Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33333 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- PANDARAK District- Patna ====================================================== Sunil Mahto S/o Mangal Mahto, R/o Village / Mohalla- Umanath, P.S.- Barh, Dist.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barh P.S. Case No. 45 of 2025 dated 28.02.2025 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, 30 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to ulterior motive. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. Petitioner has clean antecedent. Petitioner is in custody since 01.03.2025. He lastly submits that after completion of investigation, chargesheet has

Patna High Court CR. MISC. No.33333 of 2025(2) dt.26-05-2025 2/2 been submitted against the petitioner.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner's period under custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed as yet. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Barh (Patna), in connection with Barh P.S. Case No. 45 of 2025, on further conditions:

(i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall cooperate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Shahnawaz/- U T