Patna High CourtCR. MISC./33578/2024bail granted

Baidyanath Mahto @ Vaidyanath Kumar Mahto v. The State Of Bihar

2024-05-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33578 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Baidyanath Mahto @ Vaidyanath Kumar Mahto Son of Krishnadev Mahto Resident of Village -Bambaiya Harlal, P.S.- Dalsinghsarai, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dalsinghsarai P.S. Case No. 246 of 2023 dated 14.06.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 894.6 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner was disclosed by local Chowkidar. The petitioner is neither the owner nor the driver of the said vehicle and he has

Patna High Court CR. MISC. No.33578 of 2024(2) dt.02-05-2024 2/2 no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

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

6. 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 Dalsinghsarai P.S. Case No. 246 of 2023.

7. The application stands allowed.

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