Patna High CourtCR. MISC./39043/2021bail granted

Rakesh Kumar Mahto @ Rakesh Chaudhari v. The State Of Bihar

2022-02-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39043 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== RAKESH KUMAR MAHTO @ RAKESH CHAUDHARI S/O Late Shankar Mahto R/O Village - Kasbe Aahar, Ward No. -2, P.S. - Tajpur, Dist. - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Ms. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and sections 272 and 273 of the Indian Penal Code.

As per the prosecution case, 45 litres of liquor was recovered from behind the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession or his house. He is in custody since 1.2.2021 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.39043 of 2021(3) dt.01-02-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Tajpur P.S. Case no. 106 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Samastipur.

(Partha Sarthy, J) Bibhash U