Patna High CourtCR. MISC./32124/2024bail granted

Dharmendra Mahto @ Dharmendra Kumar Mahto v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32124 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Kalibagh District- West Champaran ====================================================== Dharmendra Mahto @ Dharmendra Kumar Mahto Son Of Shiv Mahto Resident Of Village- Kalibagh, Ward No. 04 PS- Kalibagh, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kalibagh P.S. Case No. 04 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 54.84 liters liquor was recovered from the house of co-accused Shiv Mahto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged place of recovery does not belong to

Patna High Court CR. MISC. No.32124 of 2024(2) dt.29-04-2024 2/2 the petitioner and name of the petitioner has transpired on the basis of disclosure made by the local people. The petitioner is in custody since 14.03.2024 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalibagh P.S. Case No. 04 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T