Patna High CourtCR. MISC./28643/2025bail granted

Santosh Mahto v. The State Of Bihar

2025-05-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28643 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== Santosh Mahto S/o Late Mahendra Mahto Resident of Village- Sheohar, Ward No. 18, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pachpakri P.S. Case No. 39 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 31.500 litres of liquor was recovered from bicycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the bicycle. The petitioner has

Patna High Court CR. MISC. No.28643 of 2025(2) dt.05-05-2025 2/2 got no concern with the alleged recovery of liquor. The petitioner is in custody since 08.03.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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, clean antecedent 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pachpakri P.S. Case No. 39 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T