Patna High CourtCR. MISC./28727/2025bail granted

Chhotu Mahto v. The State Of Bihar

2025-09-17Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28727 of 2025 Arising Out of PS. Case No.-414 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Chhotu Mahto S/o Bhola Mahto R/o Mohalla- 139, Mauar Lane Moglanibagh, Patthar Ki Maszid, Misitola (Mishri Tola), P.S.- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State, who has filed counter affidavit.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 414 of 2025 registered for the offence punishable under Sections 30(a) 30(g), 32, 62 and 56(d) of the Bihar Prohibition and Excise Act

3. Perusal of the first information report and the seizure list, would go to show that 470 liters of cough syrup was recovered from the godown of the petitioner and another 200 liters of cough syrup was recovered from a vehicle which was also there in the godown.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28727 of 2025(7) dt.17-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 20.03.2025 and claims clean antecedent.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned Special Judge, Excise, Third, Patna in connection with Excise P.S. Case No. 414 of 2025, subject to the condition that both the bailors should be the close relative of the petitioner.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed in the trial. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

8. The petitioner will also mark attendance in Sultanganj Police Station, District-Patna on every Sunday of the month. Any default in appearance at the Police Station would

Patna High Court CR. MISC. No.28727 of 2025(7) dt.17-09-2025 3/3 result in cancellation of bail bonds of the petitioner.

9. At the time of accepting bail bonds of the petitioner, the Court below will verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent, the Court below shall not accept the bail bonds of the petitioner and if it is found that the petitioner has clean antecedent, his bail bonds shall be accepted by the Court below. (Sandeep Kumar, J) P. Kumar U T