Patna High CourtCR. MISC./34400/2024bail granted

Sanjeev Mahto @ Sanjeev Kumar Niraj @ Sanjeev Mahato v. The State Of Bihar

2024-06-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34400 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== Sanjeev Mahto @ Sanjeev Kumar Niraj @ Sanjeev Mahato SON OF BADRI MAHTO NIRAJ @ BADRI MAHTO VILLAGE- KORIGAWA @ KORIGANWA, PS- BARURAJ, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 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 Baruraj P.S. Case No. 281 of 2023 dated 24.12.2023 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 708.48 litres of illicit foreign liquor kept in a cartoon was recovered behind the poultry farm of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the

Patna High Court CR. MISC. No.34400 of 2024(2) dt.27-06-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated coaccused person has already been granted anticipatory bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 27066 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2024.

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, Muzaffarpur in connection with Baruraj P.S. Case No. 281 of 2023.

7. The application stands allowed.

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