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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31300 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== SUNIL KUMAR MAHTO @ SUNIL MAHTO s/o of Late Basdev Mahto Resident of Village- Singhia Bujurg Uttar, Ward No. 8, Police StationBibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case No. 19 of 2023 dated 15.01.2023 registered for the offences punishable under Section 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 1710.105 litres of foreign liquor and a mobile phone were recovered from the house of the co-accused Vikash Kumar and 18.180 litres foreign

Patna High Court CR. MISC. No.31300 of 2023(2) dt.22-05-2023 2/2 liquor was recovered from the house of the co-accused Sanjeev Kumar. They also disclosed that the recovered liquor belonged to the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Bibhutipur P.S. Case No. 19 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T