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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33578 of 2025 Arising Out of PS. Case No.-520 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ravi Mahto @ Ravi Kumar Mahto S/o Kanhaiya Mahto R/o Vill.- Puchhari Bazar, P.S.- Baniyapur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the State :

Mr. Sanjay Kumar, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 467, 468, 471 of the Indian Penal Code and Sections 30(a), 38, 41(1) of the Bihar Prohibition & Excise Act, 2016.

3. The recovery of 130 litres of illicit liquor has been shown from a Alto Car bearing Registration No. BR1T-4275 and it is alleged in the FIR that the name of the petitioner was disclosed by the apprehended accused persons as of being sitting in the Alto Car.

4. Learned counsel for the petitioner submits that the petitioner was not arrested on the spot and no recovery was

Patna High Court CR. MISC. No.33578 of 2025(3) dt.29-05-2025 2/3 made from his physical or conscious possession. He has no concern either with the seized liquor or the seized vehicle. It is further submitted that the name of the petitioner has transpired in the present case on the basis of the confessional statement of the apprehended co-accused persons and except the same, there is nothing on record to indicate his complicity in the said offence. It is also submitted that the process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is next submitted that the petitioner has been languishing in custody since 25.02.2025 with no criminal antecedent. It has also been pointed out by learned counsel for the petitioner that two co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide order dated 07.05.2025 passed in Cr. Misc. No. 29863 of 2025 and Cr. Misc. No. 29007 of 2025.

5. Learned APP for the State opposes the prayer for bail.

6.

Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.33578 of 2025(3) dt.29-05-2025 3/3 each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra (Muffasil) P.S. Case No.520 of 2020.

(Soni Shrivastava, J) divyanshi/- U T