Fudki Mahto @ Fudo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41765 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== FUDKI MAHTO @ FUDO MAHTO S/o Late Ishwar Mahto Resident of Village- Ganga Prasad Bind Toli, P.S.- Barauni (Chakiya), District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Barauni P.S. Case No. 119 of 2021, registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition & Excise Act, 2018.

The petitioner is in custody since 29.04.2021. The police had allegedly received information in respect of illegal manufacture of country made liquor. A raid was accordingly conducted, leading to recovery of 90 liters of country made liquor and other articles useful for manufacture of country made liquor. Allegedly, on seeing the police, some of the persons

Patna High Court CR. MISC. No.41765 of 2021(3) dt.06-01-2022 2/2 present at the place of occurrence managed to flee away, whereas one Vijay Mahto was caught by the police. He is said to have accepted before the police that he was involved in illegal manufacture of country made liquor and the petitioner was one among those who had fled away from the place where the raid was conducted.

Learned counsel appearing on behalf of the petitioner has submitted that there is no specific allegation against the petitioner, which can be said to be making out an offence under the provisions of the Act. The petitioner is in custody since 29.04.2021.

Considering the nature of accusation and the period of petitioner's incarceration, this application is allowed. Let the petitioner, above named, 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 the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in Barauni P.S. Case No. 119 of 2021. (Chakradhari Sharan Singh, J) Pawan/- U T