Verma Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41481 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== VERMA MAHTO S/o Bhagan Mahto Resident of Village- Ishuapur, P.S.- Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard.

The petitioner seeks regular bail in connection with Kuchaikot P.S. Case No. 194 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 61.115 liters of illicit liquor from three motorcycles and the petitioner was arrested from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.5.2021. The learned counsel for the petitioner, by referring to paragraph No. 11 of the present petition, has submitted that the petitioner is neither the owner nor the driver of the seized motorcycles and

Patna High Court CR. MISC. No.41481 of 2021(2) dt.03-01-2022 2/2 he has been falsely implicated in the present case. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is neither the owner nor the driver of the motorcycles in question from which the illicit liquor has been recovered and moreover, he is stated to be languishing in custody since a long time, I deem fit and proper to direct for release of the petitioners on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Gopalganj in connection with Kuchaikot P.S. Case No. 194 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T