Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33693 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- AMNAUR District- Saran ====================================================== SURENDRA MAHTO Son of Jeetan Mahto Resident of village-Amnaur Dih, P.S.-Amnaur, District-Chapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Amnaur P.S. Case No. 36 of 2023 dated 28.02.2023 registered for the offences punishable u/s 272, 273 of the Indian Penal Code and sections 30, 30(a) of the Bihar Prohibition & Excise Amendment Act.

As per the prosecution case, total 376.8 litres of country made liquor was recovered near the canal and out of total recovery 18.6 litres of liquor was recovered from the bag of the petitioner. Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.33693 of 2023(2) dt.24-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that out of total only 18.6 litres liquor was recovered from the possession of the petitioner whereas remaining liquor was recovered from the nearby place. The petitioner is also accused in five other cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Amnaur P.S. Case No. 36 of 2023. The application stands allowed.

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