Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41517 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== Ram Kumar Mahto Son of Bullo Mahto @ Bhullo Mahto Resident of VillageSedukha, Police Station- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Khanpur P.S. Case No. 55 of 2021, registered for the offence under Sections 30(a), 41(i) (ii), 47 of Bihar Prohibition and Excise Act. 131.25 liters of foreign liquor has been recovered from the cow-shed of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Recovery has been from the cowshed, which is in joint possession of the family and accessible to general public. Petitioner is in custody since 09.06.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.41517 of 2021(2) dt.16-12-2021 2/2 Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Excise Act, Samastipur in connection with Khanpur P.S. Case No. 55 of 2021.

(Prabhat Kumar Singh, J.) anay U T