Patna High CourtCR. MISC./31440/2025bail granted

Nawal Mahto @ Naval Mahto v. The State Of Bihar

2025-05-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31440 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Nawal Mahto @ Naval Mahto Son Of Sakchan Mahto Village- Ashra Madhubani, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chiraiya P.S. case No. 99 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 47.3 liters liquor was recovered from mango orchard. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.31440 of 2025(2) dt.13-05-2025 2/2 further submitted that recovery is made from orchard which is an open place accessible to one and all. The petitioner is in custody since 02.03.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. case No. 99 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T